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FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA DEC – 9 2011 IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA MICHAEL S. RICHIE CLERK EUGENE TURNER, ) Appellant, NOT FOR PUBLICATION ) V. ) No. F 2010-0888 ) THE STATE OF OKLAHOMA, Appellee.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, 9:00 a.m. 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. 2 AN APPEAL FROM THE DISTRICT COURT OF LOGAN COUNTY THE HONORABLE DONALD L. WORTHINGTON, DISTRICT JUDGE APPEARANCES AT APPEARANCES ON APPEAL ACCELERATION HEARING JAY TRENARY S. GAIL GUNNING ATTORNEY AT LAW APPELLATE DEFENSE COUNSEL 803 ROBERT S. KERR P.O. BOX 926 OKLAHOMA CITY, OK 73106 NORMAN, OK 73070 COUNSEL FOR APPELLANT COUNSEL FOR APPELLANT VINCE ANTONIOLI E. SCOTT PRUITT ASSISTANT DISTRICT ATTORNEY ATTORNEY GENERAL OF OKLAHOMA LOGAN COUNTY COURTHOUSE JENNIFER B. MILLER 301 EAST HARRISON ASSISTANT ATTORNEY GENERAL GUTHRIE, OK 73044 313 N.E. 21ST STREET COUNSEL FOR THE STATE OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE OPINION BY: LEWIS, V.P.J. A. JOHNSON, P.J.: Concur LUMPKIN, J.: Concur in Results C. JOHNSON, J.: Concur SMITH, J.: Concur RA 3

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