J-2003-504

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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA K.D.E., ) ) FILED Appellant, ) IN COURT OF CRIMINAL APPEALS ) STATE OF OKLAHOMA -VS- ) No. J-2003-504 ) SEP – 2 2003 THE STATE OF OKLAHOMA, ) ) MICHAEL S. RICHIE CLERK Appellee. ) ORDER REVERSING AND REMANDING APPEAL, AND CANCELING ORAL ARGUMENT The Appellant filed the above-styled appeal from an order of the District Court of Comanche County transferring, or bridging, Appellant from custody as a Youthful Offender to the custody of the Department of Corrections in Case No. CF-2001-415. The State has responded in the appeal noting it will not contest Appellant’s request for reversal of the District Court’s order. The State notes that the order was based on a violation report issued by the Office of Juvenile Affairs. The Office of Juvenile Affairs has now granted Appellant’s appeal of the violation report, and recommends that Appellant remain in custody as a Youthful Offender. Therefore, this Court finds that the order of the District Court of Comanche County transferring, or bridging, Appellant from custody as a Youthful Offender to the custody of the Department of Corrections in Case No. CF-2001-415 should be, and is hereby, REVERSED and REMANDED with instructions that Appellant be returned to custody as a Youthful Offender. Oral argument in this case, scheduled at 2:30 p.m. on Thursday, September 18, 2003, should be, and is hereby, CANCELED. IT IS so ORDERED. WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 2 and day of September , 2003. Chan Other CHARLES A. JOHNSON, Presiding Judge Steve STEVE LILE, Vice Presiding Judge GARY L. LUMPKIN, Judge Charlb.Claque CHARLES S. CHAPEL, Judge ATTEST: Johnson RETA M. STRUBHAR, Judge Clerk 2

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