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OPINION
BUSSEY, Judge: The appellant, Timothy Charles Brod-bent, was convicted in the District Court of Oklahoma County, Case No. CRF-82-5042, of Murder in the Second Degree, was sentenced to life imprisonment, and he appeals.
The evidence presented by the State disclosed that on October 3, 1982, the appellant spent the evening visiting several bars in Oklahoma City. At the last bar he visited, the appellant spent one hundred dollars on a dancer with whom he sought a date. The dancer eventually left, however, with another man. The appellant followed the couple in his automobile for a short period of time.
Ultimately, the appellant decided to return to his apartment. Upon arriving there, he decided “to get some air.” While walking down MacArthur Boulevard, he encountered Lori Sue Evans. He twice attempted to kiss her, she responded by first pushing him away, and then by hitting him with a stick. The appellant became incensed, struck Ms. Evans and wrestled her to the ground. Thereafter, when she ceased struggling, he left the scene. Her heavily bruised body was found the next day by a passerby. The medical examiner testified that the cause of death was as-phyxsia resulting from the compression of grass, dirt, and twigs into her mouth.
In a statement he made shortly after he was apprehended and while testifying on his own behalf, the appellant admitted to all the above except that he claimed Ms. Evans was alive when he left her.
In his first assignment of error, the appellant contends that the trial court erred by allowing the prosecutor to elicit testimony concerning his propensity for violence. A review of the record reveals that the appellant first placed this trait of his character into issue by stating on direct examination that he always tried to help rather than hurt people and that he had, at great risk to his own life, previously saved the lives of three or four people. Consequently, the prosecutor was entitled to rebut the same, 12 O.S.1981, § 2404(A)(1), by inquiring into specific instances of conduct. 12 O.S.1981, § 2405(A); Ramsey v. State, 558 P.2d 1179 (Okl.Cr.1977). This assignment of error is without merit.
In his second assignment of error, the appellant complains of numerous remarks made by the prosecutor during closing arguments. We note here that none of the comments now asserted as error drew either an objection or a request that the jury be admonished to disregard. Consequently, appellant review is waived except for fundamental error. Tahdooahnippah v. State, 610 P.2d 808 (Okl.Cr.1980). We have reviewed the closing argument, and conclude that the comments now complained of did not improperly influence the jury’s verdict. Hence, there was no fundamental error. Gooden v. State, 617 P.2d 248 (Old.Cr.1980).
The judgment and sentence appealed from is hereby AFFIRMED.
PARKS, P.J., specially concurs. BRETT, J., concurs.
Document Info
Docket Number: F-83-369
Citation Numbers: 700 P.2d 1021
Judges: Bussey, Parks, Brett
Filed Date: 6/21/1985
Precedential Status: Precedential
Modified Date: 11/13/2024