Eugene Turner v The State of Oklahoma

F 2010-0888

Filed: Dec. 9, 2011

Not for publication

Prevailing Party: Eugene Turner

Summary

Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention, and domestic assault. The court originally decided to defer his sentencing for the assault for five years, which meant he wouldn’t be sentenced until April 9, 2010. However, the state tried to speed up (or "accelerate") his sentencing after the deadline had passed. The Court of Criminal Appeals found that the District Court did not have the power to speed up the sentencing because it was already too late. They decided to reverse the acceleration of Turner's deferred sentence and sent the case back for further action. Judge A. Johnson agreed with the decision, while Judge Lumpkin only partly agreed.

Decision

The acceleration of Appellant's deferred sentence in Logan County District Court Case No. CF-2004-96 is REVERSED and REMANDED for further proceedings consistent with this Order. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2011), the MANDATE is ORDERED issued upon the filing of this decision.

Issues

• Was there a lack of jurisdiction by the District Court to impose the period of deferral on Count 1?
• Did the District Court lack jurisdiction to accelerate sentencing on Count 1 after the deferral period had expired?

Findings

• the court erred in accelerating Appellant's deferred sentence on Count 1
• the District Court lacked jurisdiction to impose the period of deferral
• the District Court lacked jurisdiction to accelerate sentencing on Count 1

F 2010-0888

Dec. 9, 2011

Eugene Turner

Appellant

v

The State of Oklahoma

Appellee

SUMMARY OPINION

LEWIS, VICE PRESIDING JUDGE:

On April 8, 2005, Appellant, Eugene Turner, pled guilty in Logan County District Court Case No. CF-2004-96 to Count 1 – Assault and Battery on a Police Officer, Count 2 – Escape from Detention/Arrest, and Count 3 – Domestic Assault. The Honorable Donald L. Worthington, District Judge, deferred judgment and sentence on Count 1 for five years, until April 9, 2010, 9:00 a.m. Sentencing was deferred on Counts 2 and 3 for one year, until April 14, 2006. The State filed an application to accelerate Appellant’s deferred sentence for Count 1 at 8:33 a.m. on April 9, 2010. At an acceleration hearing August 27, 2010, Judge Worthington denied Appellant’s motion to dismiss for lack of jurisdiction. Appellant then confessed the State’s application. Judge Worthington sentenced Appellant to five years to be suspended except for ninety days to be served in the Logan County Jail.

On appeal Appellant argues the District Court lacked jurisdiction to impose the period of deferral and lacked jurisdiction to accelerate sentencing on Count 1. We agree the District Court lacked jurisdiction to accelerate Appellant’s deferred sentence on Count 1. Anderson v. State, 1973 OK CR 323, IT 17, 512 P.2d 1387, sets forth that a deferred sentence begins to run on the date the sentence is imposed. Appellant was sentenced on April 8, 2005. The judgment and sentence was deferred for five years, until April 9, 2010, 9:00 a.m. The five year deferred period expired at the end of the day on April 8, 2010. The State did not file an application to accelerate Appellant’s deferred sentence until April 9, 2010. Therefore, even though the sentencing was scheduled for April 9, 2010, at 9:00 a.m., the period of time for the State to file an application to accelerate expired at the end of the day on April 8, 2010. Title 22 O.S.Supp.2005, § 991c(A) directs that the court may defer further proceedings not to exceed a five-year period.

DECISION

The acceleration of Appellant’s deferred sentence in Logan County District Court Case No. CF-2004-96 is REVERSED and REMANDED for further proceedings consistent with this Order. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2011), the MANDATE is ORDERED issued upon the filing of this decision.

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Footnotes:

1. Anderson v. State, 1973 OK CR 323, IT 17, 512 P.2d 1387
2. Title 22 O.S.Supp.2005, § 991c(A)
3. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2011)

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 991c(A) (2005) - Deferral of further proceedings

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:

• Anderson v. State, 1973 OK CR 323, I 17, 512 P.2d 1387