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C-2017-998

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Arnold Dean Howell v The State Of Oklahoma

C-2017-998

Filed: Mar. 18, 2021

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Arnold Dean Howell appealed his conviction for First Degree Murder and First Degree Robbery. Conviction and sentence were vacated. Lance Hudson specially concurred. In this case, Howell had entered a guilty plea for murder and robbery and was sentenced to life in prison without the possibility of parole for murder and 25 years for robbery. After he appealed, the court found that there were issues regarding whether the State of Oklahoma had the right to prosecute him since the crimes occurred on a Native American reservation and Howell was considered an Indian under federal law. During further review, it was confirmed Howell is a registered citizen of the Muscogee Creek Nation, meaning the state court did not have the jurisdiction to handle his case. As a result, the original conviction was dismissed and Howell's case must be prosecuted in federal court instead.

Decision

The Judgment and Sentence of the district court is VACATED and the matter is REMANDED WITH INSTRUCTIONS TO DISMISS. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2021), the MANDATE is ORDERED to issue in twenty (20) days from the delivery and filing of this decision.

Issues

  • whether the State of Oklahoma lacked jurisdiction to prosecute his case
  • whether he was competent to enter a plea
  • whether his plea was knowingly and voluntarily entered in light of his intellectual disability
  • whether he received effective assistance of counsel
  • whether his sentence is excessive

Findings

  • the court erred
  • the issue of competency to enter a plea was rendered moot
  • the issue of whether the plea was knowingly and voluntarily entered was rendered moot
  • the issue of effective assistance of counsel was rendered moot
  • the issue of excessive sentence was rendered moot

C-2017-998

Mar. 18, 2021

Arnold Dean Howell

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

ROWLAND, VICE PRESIDING JUDGE:

Petitioner Arnold Dean Howell entered a guilty plea in the District Court of Creek County, Case No. CF-2015-186, to First Degree Murder (Count 1), in violation of 21 O.S.Supp.2012, § 701.7(A), and First Degree Robbery (Count 2), in violation of 21 O.S.2011, § 798. The Honorable Douglas W. Golden, District Judge, accepted Howell’s guilty plea. The district court sentenced Howell to life imprisonment without the possibility of parole on Count 1 and to twenty-five years imprisonment on Count 2 with the sentences to be served consecutively. Howell filed a timely motion to withdraw his guilty plea. The district court denied the motion after a hearing and Howell now appeals the denial of his motion, raising the following issues: (1) whether the State of Oklahoma lacked jurisdiction to prosecute his case; (2) whether he was competent to enter a plea; (3) whether his plea was knowingly and voluntarily entered in light of his intellectual disability; (4) whether he received effective assistance of counsel; and (5) whether his sentence is excessive.

We find relief is required on Howell’s jurisdictional challenge in Proposition 1, rendering his other claims moot. Howell claims the State of Oklahoma did not have jurisdiction to prosecute him. He relies on 18 U.S.C. § 1153 and McGirt v. Oklahoma, 591 U.S. ___, 140 S.Ct. 2452 (2020). On August 19, 2020, this Court remanded Howell’s case to the District Court of Creek County for an evidentiary hearing. The District Court was directed to make findings of fact and conclusions of law on two issues: (a) Howell’s status as an Indian; and (b) whether the crime occurred within the boundaries of the Muscogee Creek Nation Reservation. Our Order provided that, if the parties agreed as to what the evidence would show with regard to the questions presented, the parties could enter into a written stipulation setting forth those facts, and no hearing would be necessary. On September 18, 2020, the parties filed a written stipulation in which they agreed: (1) that Howell has some Indian blood; (2) that he was a registered citizen of the Muscogee Creek Nation on the date of the charged offenses; (3) that Howell is an Indian for purposes of the Major Crimes Act; and (4) that the charged crimes occurred within the Muscogee Creek Nation Reservation. The district court accepted the parties’ stipulation.

On November 23, 2020, the District Court filed its Findings of Fact and Conclusions of Law. The District Court found the facts recited above in accordance with the stipulation. The District Court concluded that Howell is an Indian under federal law and that the charged crimes occurred within the boundaries of the Muscogee Creek Nation Reservation. The District Court’s findings are supported by the record. The ruling in McGirt governs this case and requires us to find the District Court of Creek County did not have jurisdiction to prosecute and accept Howell’s plea. Accordingly, we grant relief on error raised in Proposition 1.

DECISION

The Judgment and Sentence of the district court is VACATED and the matter is REMANDED WITH INSTRUCTIONS TO DISMISS. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2021), the MANDATE is ORDERED to issue in twenty (20) days from the delivery and filing of this decision.

[Link to Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-998_1744897853.pdf)

Footnotes:

  1. 21 O.S.Supp.2012, § 701.7(A)
  2. 21 O.S.2011, § 798
  3. 18 U.S.C. § 1153
  4. McGirt U. Oklahoma, 591 U.S. , 140 S.Ct. 2452 (2020)
  5. Bosse U. State, 2021 OK CR 3, __P.3d_ (Hudson, J., Concur in Results)
  6. Hogner U. State, 2021 OK CR 4, __P.3d__ (Hudson, J., Specially Concurs)
  7. Krafft U. State, No. F-2018-340 (Okl.Cr., Feb. 25, 2021) (Hudson, J., Specially Concurs) (unpublished)

Oklahoma Statutes citations:

  • Okla. Stat. tit. 21 § 701.7(A) - First Degree Murder
  • Okla. Stat. tit. 21 § 798 - First Degree Robbery

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

  • 18 U.S.C. § 1153 - Major Crimes Act

Other citations:

No other rule citations found.

Case citations:

  • McGirt v. Oklahoma, 591 U.S. , 140 S.Ct. 2452 (2020)
  • Bosse v. State, 2021 OK CR 3, __P.3d_
  • Hogner v. State, 2021 OK CR 4, __P.3d__
  • Krafft v. State, No. F-2018-340 (Okl.Cr., Feb. 25, 2021)

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