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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA ERIC LAMONT MUHAMMAD, ) ) Appellant, ) NOT FOR PUBLICATION ) V. ) No. RE-2015-104 ) THE STATE OF OKLAHOMA, ) FILED ) IN COURT OF CIMINAL APPEALS Appellee. ) STATE ORAN AHOMA MAR 17 2016 SUMMARY OPINION MICHAEL S. RICHIE CLERK LUMPKIN, VICE PRESIDING JUDGE: The Appellant, Eric Lamont Muhammad, appeals from an order entered by the Honorable Cindy H. Truong, District Judge, revoking Appellant’s six year suspended sentence in Case No. CF-2008-7778 in the District Court of Oklahoma County. On November 19, 2009, Appellant entered a plea of guilty and was convicted of Shooting With Intent to Kill. He was sentenced to a term of ten years, with all except the first four years suspended. On December 29, 2014, the State filed an application to revoke Appellant’s suspended sentence alleging he violated probation (1) by failing to pay supervision fees; (2) by committing, on or about 9/16/14, the new crime of Possession of a CDS as charged in Oklahoma County District Court Case No. CM-2014-3178; and (3) by committing, on or about 6/2/14, the new crime of Domestic Abuse By Strangulation as charged in Oklahoma County District Court Case No. CF-2014-3660. On January 5, 2015, Appellant entered a plea of not guilty to the application to revoke. The revocation hearing was conducted before Judge Truong on Monday, January 26, 2015. After hearing the evidence and arguments, Judge Truong found that Appellant had committed the new crime of Possession of a CDS, and revoked Appellant’s six year suspended sentence in full. We will only discuss Appellant’s first proposition of error in this appeal because the State has confessed error on that proposition. The hearing on an application to revoke a suspended sentence must be held within twenty (20) days after the entry of the plea of not guilty to the petition, unless waived by both the state and the defendant. 22 O.S.2011, § 991b(A). In this case, Appellant entered a plea of not guilty to the application to revoke his suspended sentence on January 5, 2015. Appellant argues, and the State agrees that the twenty day period for holding the hearing expired on Sunday, January 25, 2015; and therefore the hearing on Monday, January 26, 2015, was held after the twenty day time period had expired. Both parties agree that there is no record in this case that Appellant waived the twenty day hearing requirement or acquiesced in a continuance of the hearing. DECISION The order of the District Court of Oklahoma County granting the State’s application to revoke Appellant’s six year suspended sentence in Case No. CF- 2008-7778 is REVERSED and REMANDED to the District Court. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016), the MANDATE is ORDERED issued upon the filing of this decision. 2 AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY THE HONORABLE CINDY H. TRUONG, DISTRICT JUDGE APPEARANCES IN DISTRICT COURT APPEARANCES ON APPEAL DAVID T. McKENZIE GINA K. WALKER Assistant Public Defender Assistant Public Defender Oklahoma County Public Oklahoma County Public Defender’s Office Defender’s Office 320 Robert S. Kerr 320 Robert S. Kerr 611 County Office Building 611 County Office Building Oklahoma City, OK 73102 Oklahoma City, OK 73102 COUNSEL FOR APPELLANT COUNSEL FOR APPELLANT PAULINA THOMPSON E. SCOTT PRUITT Assistant District Attorney Attorney General of Oklahoma Oklahoma County District DONALD D. SELF Attorney’s Office Assistant Attorney General 320 Robert S. Kerr 313 N.E. 21st Street 505 County Office Building Oklahoma City, OK 73105 Oklahoma City, OK 73102 COUNSEL FOR THE STATE COUNSEL FOR THE STATE OPINION BY: LUMPKIN, V.P.J. SMITH, P.J.: Dissent JOHNSON, J.: Concur LEWIS, J.: Concur HUDSON, J.: Concur RD/F 3 SMITH, P.J., DISSENTING: In this case the 20th day was a Sunday. The hearing was held on Monday. I would find that the hearing was timely pursuant to OCCA Rule 1.5; 12 O.S. 2006; and Reynolds v. State, 1987 OK CR 56, 735 P.2d 564. 1

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