Mathis v. State
2012 OK CR 1
| Okla. Crim. App. | 2012Background
- Mathis was convicted by jury of Possession of Firearm After Former Conviction of a Felony, Possession of Marijuana, Possession of a Stolen Vehicle, and Possession of Drug Paraphernalia in CF-2007-1941, with concurrent sentences totaling 25, 15, and 5 years and a $500 fine.
- Police executed a March 26, 2007 search warrant at a residence; Mathis was found in a back bedroom and admitted ownership of marijuana-scale items and the marijuana, linking him to the room and stash.
- Evidence included two marijuana roaches, 4.5 grams marijuana, a “weed box,” a digital scale, and items tying the truck theft to Mathis, including a matching Texas vehicle tag and a Dodge key found on his person.
- The Dodge truck, reported stolen in Texas, was recovered outside the residence with a gun in the vehicle; owner Diana Richardson testified to the Texas theft and to items (Wendy’s hats, gift cards) found in Mathis’s room.
- Richardson did not appear at trial; her preliminary-hearing testimony was read to the jury after the court found her unavailable; Mathis later elected to represent himself with standby counsel, and was warned about the dangers of self-representation.
- The court ultimately held Mathis’s self-representation did not constitute an abuse of discretion and affirmed the convictions; the case was remanded to correct the Judgment and Sentence document for time-served credit and counts designated as after former conviction of two or more felonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of self-representation waiver | Mathis argues Coleman procedure not followed | Court adequately warned and evaluated him | No abuse of discretion; waiver valid |
| Use of Richardson's preliminary-hearing testimony | Confrontation rights violated; unavailable witness | Witness unavailable; testimony read as proper | Not abuse of discretion; Crawford framework satisfied |
| Prosecutorial misconduct plain error | Vouching, mocking defense, and societal alarm | Arguments within permissible advocacy | No plain error |
| Evidentiary harpoon claim | Cortez referenced cocaine manufacturing as harpoon | No prejudicial harpoon; isolated reference | No plain error |
| Judgment and sentence document redaction | Redaction of prior convictions improper | Document admissible; no error shown | No error; remand for clerical correction regarding time served and former-conviction notation |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (Sixth Amendment right to self-representation; warnings about dangers)
- Johnson v. State, 556 P.2d 1285 (Okla. 1976) (Intelligent waiver standards for self-representation)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation clause; testimonial hearsay rule)
- Edwards v. State, 110 P.2d 670 (Okla. 1991) (Non-listing of factors for waivers; total circumstances standard)
- Fitzgerald v. State, 972 P.2d 1157 (Okla. 1998) (Evolving standards for waivers of counsel)
- Coleman v. State, 617 P.2d 243 (Okla. 1980) ( Coleman procedure for waiver to represent oneself)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (Competency standard not higher for pro se)