Jeffery Edward Wright v The State Of Oklahoma
RE 2003-0106
Filed: May 12, 2004
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Jeffery Edward Wright appealed his conviction for revoking his suspended sentences. Conviction and sentence reversed in CF-93-83 and affirmed in CF-99-535. No justices dissented.
Decision
IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant's suspended sentence in the District Court of Muskogee County, Case No. CF-93-83, is REVERSED WITH INSTRUCTIONS TO DISMISS and that the revocation of Appellant's suspended sentence in Muskogee County District Court Case No. CF-99-535 is AFFIRMED. IT IS so ORDERED.
Issues
- Was there a lack of jurisdiction to revoke Appellant's expired sentence in CF-93-83?
- Did the trial court lack jurisdiction to revoke Appellant's suspended sentence in CF-99-535 based on the State's failure to file a jurisdictional application?
Findings
- The court erred in revoking Appellant's suspended sentence in CF-93-83 due to lack of jurisdiction as the sentence had expired.
- The court did not err in revoking Appellant's suspended sentence in CF-99-535 as jurisdiction was properly established.
RE 2003-0106
May 12, 2004
Jeffery Edward Wright
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
REVERSING REVOCATION OF SUSPENDED SENTENCE IN CF-93-83 AND AFFIRMING REVOCATION OF SUSPENDED SENTENCE IN CF-99-535
Appellant pled guilty June 3, 1993, in the District Court of Muskogee County, Case No. CF-93-83, to Burglary Second Degree and was given a five year deferred sentence. On July 19, 1999, Appellant pled guilty to Felonious Possession of Firearm in Muskogee County District Court Case No. CF-99-535. Following a hearing January 22, 2003, the Honorable James E. Edmondson, District Judge, revoked three years in CF-93-83 and in CF-99-535. Appellant appeals from the revocation of his suspended sentence.
On appeal Appellant raised the following propositions of error:
1. The trial court lacked jurisdiction to revoke Appellant’s expired sentence in CF-93-83 which expired in May of 2001, prior to the filing of any new application to revoke suspended sentence.
2. The trial court lacked jurisdiction to revoke Appellant’s suspended sentence in CF-99-535 because the State also failed to file a jurisdictional application to revoke suspended sentence in that case.
As for Appellant’s first proposition of error, the State agrees that the trial court lacked jurisdiction to revoke Appellant’s sentence in CF-93-83 as the sentence in this case expired prior to the filing of a new application to revoke. Addressing Appellant’s second proposition of error, a review of the record does not support Appellant’s contention that the trial court lacked jurisdiction to revoke Appellant’s suspended sentence in CF-99-535. The record reflects the State’s application to revoke was filed July 10, 2002, heard by the District Court August 5, 2002, and the matter continued for further review.
IT IS THEREFORE THE ORDER OF THIS COURT that the revocation of Appellant’s suspended sentence in the District Court of Muskogee County, Case No. CF-93-83, is REVERSED WITH INSTRUCTIONS TO DISMISS and that the revocation of Appellant’s suspended sentence in Muskogee County District Court Case No. CF-99-535 is AFFIRMED.
IT IS so ORDERED.
WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 12th day of May, 2004.
CHARLES A. JOHNSON, Presiding Judge
STEVE LILE, Vice Presiding Judge
GARY L. LUMPKIN, Judge
CHARLES S. CHAPEL, Judge
RETA M. STRUBHAR, Judge
ATTEST: Clerk
Footnotes:
- Okla. Stat. tit. 22 § 982a
- Okla. Stat. tit. 22 § 983
- Okla. Stat. tit. 22 § 984
- Okla. Stat. tit. 22 § 985
- Okla. Stat. tit. 22 § 986
Oklahoma Statutes citations:
No Oklahoma statutes found.
Oklahoma Administrative Rules citations:
No Oklahoma administrative rules found.
U.S. Code citations:
No US Code citations found.
Other citations:
No other rule citations found.
Case citations:
No case citations found.