J.L.H. v The State of Oklahoma

J-2001-57

Filed: Oct. 2, 2001

Not for publication

Prevailing Party: The State of Oklahoma

Summary

J.L.H. appealed her conviction for being a delinquent. The conviction and sentence were upheld. Judge Strubhar dissented.

Decision

The Adjudication of Delinquency and Disposition of the District Court are AFFIRMED. The $25 Victim Compensation Assessment is VACATED.

Issues

• Was the trial court's decision contrary to both the facts and its own findings?
• Was the failure to file the individual treatment plan within thirty days prejudicial error under the facts of this case?
• Did the trial court have the authority to order J.L.H. to pay a victim compensation assessment?

Findings

• The court did not err in affirming the trial court's decision regarding the adjudication and disposition.
• The failure to file the individual treatment plan within thirty days was not prejudicial to J.L.H.
• The court vacated the $25 victim compensation assessment as the District Court lacked authority to impose it.

J-2001-57

Oct. 2, 2001

J.L.H.

Appellant

v

The State of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE: J.L.H. was adjudicated delinquent because she had committed an act which, if she were an adult, would constitute the crime of Public Drunk in violation of 37 O.S.Supp.1986, § 8, in the District Court of Grady County, Case No. JF-2000-181. After a dispositional hearing, the Honorable Oteka Alford committed J.L.H. to the custody of the Office of Juvenile Affairs, with placement with her grandmother. J.L.H. appeals from this adjudication and disposition. J.L.H. raises three issues in support of her appeal:

I. The trial court’s decision should be vacated because it was contrary to both the facts and the trial court’s own findings;

II. The failure to file the individual treatment plan within thirty days, as required by statute, was prejudicial error under the facts of this case; and

III. The trial court was without authority to order J.L.H. to pay a victim compensation assessment.

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, briefs, and exhibits of the parties, we find reversal is not required by the law and evidence. However, error in Proposition III requires J.L.H.’s sentence to be modified. We find in Proposition I that sufficient evidence was presented at the disposition hearing to support the trial court’s disposition in this case; we further find the disposition was contrary neither to the trial court’s own findings nor to the statutory requirement that a trial court shall place a delinquent child with the parents, consistent with the child’s best interests.¹ We find in Proposition II that J.L.H. was not prejudiced by the failure to file her individual treatment and service plan within thirty days.² We find in Proposition III that the District Court is without authority to impose a crime victim compensation assessment unless the facts of this case involve criminally injurious conduct.³ As no such conduct was alleged or supported by evidence here, the docket order for a $25 victim compensation assessment fee is VACATED.

Decision

The Adjudication of Delinquency and Disposition of the District Court are AFFIRMED. The $25 Victim Compensation Assessment is VACATED.

¹ 10 O.S.Supp. 1999, § 7203-5.3(A)(2)(a). The trial court considered the testimony of adults concerning J.L.H.’s behavior and the witness’s ability to exercise control over the child, and concluded that OJA custody, and placement with J.L.H’s grandmother, were in J.L.H.’s best interests.

² 10 O.S.Supp.1999, § 7203-5.2(A); 10 O.S.Supp. 1999, § 7203-5.1(B).

³ 10 O.S.Supp. 1999, § 7203-5.3(8)(a). This includes an act resulting in bodily injury, the threat of bodily injury or death. 21 O.S.Supp.2000, § 142.3(5)(a).

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Footnotes:

1. 10 O.S.Supp. 1999, § 7203-5.3(A)(2)(a).
2. 10 O.S.Supp.1999, § 7203-5.3(A)(2)(b).
3. 10 O.S.Supp.1999, § 7203-5.2(A); 10 O.S.Supp. 1999, § 7203-5.1(B).
4. 10 O.S.Supp. 1999, § 7203-5.3(8)(a).
5. 21 O.S.Supp.2000, § 142.3(5)(a).

Oklahoma Statutes citations:

• Okla. Stat. tit. 37 § 8 (1986) - Public Drunk
• Okla. Stat. tit. 10 § 7203-5.3(A)(2)(a) (1999) - Treatment and Service Plan
• Okla. Stat. tit. 10 § 7203-5.3(A)(2)(b) (1999) - Custody Placement
• Okla. Stat. tit. 10 § 7203-5.2(A) (1999) - Treatment and Service Plan
• Okla. Stat. tit. 10 § 7203-5.1(B) (1999) - Treatment and Service Plan
• Okla. Stat. tit. 10 § 7203-5.3(B)(a) (1999) - Victim Compensation Assessment
• Okla. Stat. tit. 21 § 142.3(5)(a) (2000) - Criminally Injurious Conduct

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:

No case citations found.