Kent R. Dotson v The State Of Oklahoma
F-2013-801
Filed: Aug. 13, 2014
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Kent R. Dotson appealed his conviction for Attempting to Elude a Police Officer. Conviction and sentence of ten years imprisonment, a $5,000.00 fine, and eighteen months of post-imprisonment supervision. A. Johnson dissented.
Decision
The term of post-imprisonment supervision is MODIFIED to twelve months. In all other respects, the Judgment and Sentence of the district court is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2014), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
Issues
- was the term of post-imprisonment supervision imposed on Appellant exceeding the statutory maximum and requiring correction?
- was the sentence imposed by the trial court excessive?
Findings
- The term of post-imprisonment supervision imposed on Appellant exceeds the statutory maximum and should be corrected.
- The sentence imposed by the trial court is not excessive.
F-2013-801
Aug. 13, 2014
Kent R. Dotson
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
PER CURIAM:
Appellant, Kent R. Dotson, was convicted after a bench trial in Okmulgee County District Court, Case No. CF-2011-433, of Attempting to Elude a Police Officer (21 O.S.2011, § 540A), After Two or More Felonies. On August 19, 2013, the Honorable Kenneth E. Adair, District Judge, sentenced him to ten years imprisonment, a $5,000.00 fine, and eighteen months of post-imprisonment supervision. This appeal followed.
Appellant raises the following propositions of error:
1. The term of post-imprisonment supervision imposed on Appellant exceeds the statutory maximum and should be corrected.
2. The sentence imposed by the trial court is excessive.
After thorough consideration of the propositions, and the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we affirm the judgment, but modify one aspect of the sentence. Appellant was convicted of leading police on a brief but potentially dangerous high-speed chase, at night, through a residential area. The officer testified that Appellant ran four stop signs, and that several motorists pulled over to get out of the way. Appellant had several prior felony convictions, so that the punishment range he faced was three years to life imprisonment. Considering the dangerousness of Appellant’s conduct, we cannot say the term of imprisonment imposed by the trial court was shocking to the conscience. Rea v. State, 2001 OK CR 28, ¶ 5, 34 P.3d 148, 149. Proposition 2 is therefore denied. However, as to Proposition 1, the State concedes that the term of post-imprisonment supervision imposed by the trial court exceeds the maximum allowed by law. Accordingly, we MODIFY the term of post-imprisonment supervision to twelve months. 22 O.S.Supp.2012, § 991a-21; Sandlin v. State, 1969 OK CR 277, 19 ¶ 7-8, 462 P.2d 306, 308-09.
DECISION
The term of post-imprisonment supervision is MODIFIED to twelve months. In all other respects, the Judgment and Sentence of the district court is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2014), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
AN APPEAL FROM THE DISTRICT COURT OF OKMULGEE COUNTY
THE HONORABLE KENNETH E. ADAIR, DISTRICT JUDGE
APPEARANCES AT TRIAL
DANA DAN GOOD
INDIGENT DEFENSE SYSTEM
P.O. BOX 998
OKMULGEE, OK 74447
ATTORNEY FOR DEFENDANT
APPEARANCES ON APPEAL
S. GAIL GUNNING
INDIGENT DEFENSE SYSTEM
P.O. BOX 926
NORMAN, OK 73070
ATTORNEY FOR APPELLANT
CAROL ISKI
E. SCOTT PRUITT
ASSISTANT DISTRICT ATTORNEY
ATTORNEY GENERAL OF OKLAHOMA
314 W. 7TH ST.
OKMULGEE, OK 74447
ATTORNEY FOR THE STATE
JUDY KING
ASSISTANT ATTORNEY GENERAL
313 N.E. 21st ST.
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR THE STATE
OPINION BY PER CURIAM
LEWIS, P.J.: CONCUR
SMITH, V.P.J.: CONCUR
LUMPKIN, J.: CONCUR
A. JOHNSON, J.: CONCUR
Footnotes:
- 21 O.S.2011, § 540A
- 22 O.S.Supp.2012, § 991a-21
- Rea v. State, 2001 OK CR 28, IT 5, 34 P.3d 148, 149.
- Sandlin v. State, 1969 OK CR 277, 19 7-8, 462 P.2d 306, 308-09.
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 540A (2011) - Attempting to Elude a Police Officer
- Okla. Stat. tit. 22 § 991a (Supp. 2012) - Post-imprisonment Supervision
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:
- Rea v. State, 2001 OK CR 28, I 5, 34 P.3d 148, 149
- Sandlin v. State, 1969 OK CR 277, I 7-8, 462 P.2d 306, 308-09