K.D.E. v The State Of Oklahoma

J-2003-504

Filed: Sep. 2, 2003

Not for publication

Prevailing Party: K.D.E.

Summary

K.D.E. appealed his conviction for being a Youthful Offender. Conviction and sentence were reversed, meaning K.D.E. will stay in custody as a Youthful Offender instead of going to the Department of Corrections. No judge dissented.

Decision

ORDER REVERSING AND REMANDING APPEAL, AND CANCELING ORAL ARGUMENT. Therefore, this Court finds that the order of the District Court of Comanche County transferring, or bridging, Appellant from custody as a Youthful Offender to the custody of the Department of Corrections in Case No. CF-2001-415 should be, and is hereby, REVERSED and REMANDED with instructions that Appellant be returned to custody as a Youthful Offender. Oral argument in this case, scheduled at 2:30 p.m. on Thursday, September 18, 2003, should be, and is hereby, CANCELED. IT IS so ORDERED.

Issues

• Was there a violation of the Appellant's custody status as a Youthful Offender?
• Did the Office of Juvenile Affairs grant the Appellant's appeal of the violation report?
• Should the order of the District Court transferring the Appellant to the custody of the Department of Corrections be reversed?
• Is the recommendation from the Office of Juvenile Affairs to keep the Appellant in custody as a Youthful Offender valid?

Findings

• the order of the District Court was reversed
• Appellant should remain in custody as a Youthful Offender
• oral argument was canceled

J-2003-504

Sep. 2, 2003

K.D.E.

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

The Appellant filed the above-styled appeal from an order of the District Court of Comanche County transferring, or bridging, Appellant from custody as a Youthful Offender to the custody of the Department of Corrections in Case No. CF-2001-415. The State has responded in the appeal noting it will not contest Appellant’s request for reversal of the District Court’s order. The State notes that the order was based on a violation report issued by the Office of Juvenile Affairs. The Office of Juvenile Affairs has now granted Appellant’s appeal of the violation report, and recommends that Appellant remain in custody as a Youthful Offender. Therefore, this Court finds that the order of the District Court of Comanche County transferring, or bridging, Appellant from custody as a Youthful Offender to the custody of the Department of Corrections in Case No. CF-2001-415 should be, and is hereby, REVERSED and REMANDED with instructions that Appellant be returned to custody as a Youthful Offender. Oral argument in this case, scheduled at 2:30 p.m. on Thursday, September 18, 2003, should be, and is hereby, CANCELED. IT IS so ORDERED. WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 2nd day of September, 2003.

CHARLES A. JOHNSON, Presiding Judge
STEVE LILE, Vice Presiding Judge
GARY L. LUMPKIN, Judge
CHARLES S. CHAPEL, Judge
RETA M. STRUBHAR, Clerk

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Footnotes:

1. Okla. Stat. tit. 10 § 7306-1.1
2. Okla. Stat. tit. 10 § 7303-3
3. Okla. Stat. tit. 10 § 7307-1

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.