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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA STEVEN CALEB COPELAND, ) NOT FOR PUBLICATION ) Petitioner, ) ) V. ) Case No. C-2002-1136 ) FILED THE STATE OF OKLAHOMA, ) IN COURT OF CRIMINAL APPEALS ) STATE OF OKLAHOMA Respondent. ) JUL 2 2 2003 SUMMARY OPINION GRANTING CERTIORARI IN PART AND REMANDING FOR FURTHER PROCEEDINGS MICHAEL S. RICHIE CLERK JOHNSON, PRESIDING JUDGE: On June 20, 2002, Petitioner entered pleas of guilty to Count 1: Possession of a Stolen Vehicle (47 O.S.2001, § 4-103) and Count 2: Eluding a Police Officer (21 O.S.2001, § 540(A)) before the Honorable Jefferson D. Sellers, District Judge, in Tulsa County District Court Case No. CF-2002-2168. At a hearing held July 31, 2002, the district court imposed a judgment of guilt and sentenced Petitioner as follows: Count1, three years imprisonment, $500 fine, and $250 Victim’s Compensation Assessment; Count 2, two years imprisonment, $500 fine, and $250 Victim’s Compensation Assessment. The court ordered the sentences to run concurrently and gave Petitioner credit for time served. The court also ordered restitution of $104,000 related to Count 1. On August 12, 2002, Petitioner filed a motion to withdraw his guilty pleas. At a hearing held August 28, 2002, the district court denied the motion. Petitioner timely lodged this certiorari appeal. At this Court’s request, the State filed a brief in response to Petitioner’s brief on June 4, 2003. On appeal, Petitioner raises the following proposition of error: The district court abused its discretion by denying Petitioner’s application to withdraw his pleas. After thorough consideration of the propositions, and the entire record before us on appeal, including the original record, transcripts, and the briefs of the parties, we find Petitioner’s pleas to be valid, but remand for further proceedings on the issue of restitution. In reaching this conclusion, we find as follows: (1) Petitioner was aware, when he entered his negotiated pleas, that he would be liable for restitution reasonably related to his criminal conduct, and that whether any part of his negotiated sentence would be suspended was left to the district court’s sole discretion after considering the Presentence Report. (2) Petitioner’s own statements support the trial court’s conclusion that he was involved not just in possessing a vehicle he knew to be stolen, but in first helping to remove other personal property from the vehicle, with the understanding that he would receive some of this property as compensation for disposing of the vehicle; thus, the trial court could properly consider the loss of this other personal property in assessing restitution. Berget v. State, 1991 OK CR 121, “I 16, 824 P.2d 364, 370; 22 O.S.2001, § 991f(A)(1), (3). (3) While the owner of the vehicle estimated his economic loss at $104,000, the record does not contain sufficient information as to how that amount was arrived at, and consequently, whether it was reasonable. We conclude that a restitution hearing is appropriate under the circumstances. Taylor v. State, 2002 OK CR 13, 11 5-6, 45 P.3d 103, 105-06; Honeycutt v. State, 1992 OK CR 36, 11 33-40, 834 P.2d 993, 1000-01; 22 O.S.2001, §§ 991a(A)(1)(a), 991f. DECISION The Petition for Writ of Certiorari is GRANTED IN PART. The trial court’s order regarding restitution is VACATED, and the case is REMANDED for a restitution hearing. In all other respects, the Judgment and Sentence is AFFIRMED. AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY 2 THE HONORABLE JEFFERSON D. SELLERS, DISTRICT JUDGE APPEARANCES AT TRIAL APPEARANCES ON APPEAL JULIA ALLEN PAULA J. ALFRED ASSISTANT PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER 423 S. BOULDER, SUITE 300 423 S. BOULDER, SUITE 300 TULSA, OK 74103 TULSA, OK 74103 ATTORNEY FOR DEFENDANT ATTORNEY FOR PETITIONER SEAN BAKER W. A. DREW EDMONDSON ASSISTANT DISTRICT ATTORNEY ATTORNEY GENERAL OF 500 S. DENVER, SUITE 406 OKLAHOMA TULSA, OK 74103 JENNIFER J. DICKSON ATTORNEY FOR THE STATE ASSISTANT ATTORNEY GENERAL 112 STATE CAPITOL OKLAHOMA CITY, OK 73105 ATTORNEYS FOR THE STATE OPINION BY JOHNSON, P.J. LILE, V.P.J.:CONCUR LUMPKIN, J.:CONCUR CHAPEL, J.:CONCUR STRUBHAR, J.:CONCUR 3

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