Ronald Bruce Klein v The State Of Oklahoma
M-2002-263
Filed: Apr. 9, 2003
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Ronald Bruce Ogden appealed his conviction for several traffic-related offenses. Conviction and sentence were affirmed, but modified to a total of 60 days with all fines and costs suspended. No one dissented.
Decision
IT IS THEREFORE THE ORDER OF THIS COURT that Appellant's convictions in Case Nos. CM-1999-1892, CM-1999-1893, TR-1999-5680, CM-2000-868, CM-2000-869, CM-2000-870, TR-2000-2210, TR-2000-2211, and TR-2000-2212 in the District Court of Comanche County should be, and are hereby, AFFIRMED, and the sentences should be, and are hereby, MODIFIED to a total of sixty (60) days, with the sentences and all fines and costs suspended. IT IS so ORDERED.
Issues
- was there a violation of constitutional protection from Double Jeopardy due to successive convictions and sentences?
- did the trial court's interpretation of the February 13, 2002, sentence result in a void sentence that was in excess of the statutory maximum punishment for the charges?
- should the Appellant be credited with full discharge of the maximum four-and-one-half years imprisonment as recognized by the Oklahoma Department of Corrections?
Findings
- The court erred in determining that Double Jeopardy did not attach due to the absence of Judgments and Sentences.
- The court found that the sentences were not in excess of the statutory maximum and should not be credited with full discharge.
- The court modified the sentences to a total of sixty (60) days, with all sentences and fines suspended.
M-2002-263
Apr. 9, 2003
Ronald Bruce Klein
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
The Appellant, Ronald Bruce Ogden, appeals to this Court from his misdemeanor Judgments and Sentences, entered by the Honorable Kenny D. Harris, Special Judge, in Case Nos. CM-1999-1892, CM-1999-1893, TR-1999-5680, CM-2000-868, CM-2000-869, CM-2000-870, TR-2000-2210, TR-2000-2211, and TR-2000-2212 in the District Court of Comanche County.
In Case No. CM-1999-1892, Appellant was convicted of Driving Under the Influence of Intoxicating Liquor, and was sentenced to one (1) year in the County Jail, plus a $700 fine and costs, to be served concurrently with Case No. CRF-84-158. In Case No. CM-1999-1893, Appellant was convicted of Transporting an Open Container of Beer, and was sentenced to a $50 fine and costs. In Case No. TR-1999-5680, Appellant was convicted of Operating a Motor Vehicle in a Manner Not Reasonable and Proper, and was sentenced to a $75 fine and costs. In Case No. CM-2000-868, Appellant was convicted of Driving Under the Influence of Intoxicating Liquor, and was sentenced to one (1) year in the County Jail, plus a $700 fine and costs, to be served concurrently with Case No. CRF-84-158 but consecutively with Case No. CM-1999-1892. In Case No. CM-2000-869, Appellant was convicted of Transporting an Open Container of Liquor, and was sentenced to six (6) months in the County Jail, plus a $250 fine and costs, to be served concurrently with Case No. CRF-84-158 but consecutively with Case No. CM-2000-868. In Case No. CM-2000-870, Appellant was convicted of Attempting to Elude, and was sentenced to one (1) year in the County Jail, plus a $350 fine and costs, to be served concurrently with Case No. CRF-84-158 but consecutively with Case No. CM-2000-869. In Case No. TR-2000-2210, Appellant was convicted of Operating a Motor Vehicle Without Equipment Required, and was sentenced to a $25 fine and costs. In Case No. TR-2000-2211, Appellant was convicted of Operating a Motor Vehicle Without Security Verification, and was sentenced to a $125 fine and costs. In Case No. TR-2000-2212, Appellant was convicted of Driving Under Suspension, and was sentenced to one (1) year in the County Jail, plus a $300 fine and costs, to be served concurrently with Case No. CRF-84-158 but consecutively with Case No. CM-2000-870.
In this appeal, Appellant raises two (2) propositions of error. Appellant first claims his successive convictions and sentences in the cases at issue occurred in violation of his constitutional protection from Double Jeopardy. The second proposition contends the February 13, 2002, sentence as interpreted by the trial court is void, and must be set aside as being in excess of the statutory maximum punishment for the crimes charged; or in the alternative, modified to credit Mr. Klein with full discharge of the maximum four-and-one-half years imprisonment as recognized by the Oklahoma Department of Corrections.
Pursuant to Rule 11.2(A)(1) of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18 App. (2003), this appeal was automatically assigned to the Accelerated Docket of this Court. The propositions or issues were presented to this Court in oral argument on March 13, 2003, pursuant to Rule 11.2(F). At the conclusion of oral argument, this Court voted five to zero (5-0) to affirm Appellant’s convictions, but modify his sentences to a total of sixty (60) days, with the sentences and all fines and costs suspended. This Court found that because Judgments and Sentences had never been entered in these cases, Double Jeopardy could not attach. This Court further found Appellant’s sentences are not in excess of the statutory maximum, and that he should not be credited with full discharge of his sentences. However, this Court finds, under the circumstances of this case including Appellant’s rejection of offers of suspended sentences, that Appellant’s sentence should be modified.
IT IS THEREFORE THE ORDER OF THIS COURT that Appellant’s convictions in Case Nos. CM-1999-1892, CM-1999-1893, TR-1999-5680, CM-2000-868, CM-2000-869, CM-2000-870, TR-2000-2210, TR-2000-2211, and TR-2000-2212 in the District Court of Comanche County should be, and are hereby, AFFIRMED, and the sentences should be, and are hereby, MODIFIED to a total of sixty (60) days, with the sentences and all fines and costs suspended.
IT IS so ORDERED.
WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 9th of April, 2003.
Charles A. Johnson, Presiding Judge
Steve Lile, Vice Presiding Judge
Gary L. Lumpkin, Judge
Charles S. Chapel, Judge
Reta M. Strubhar, Judge
ATTEST: Clerk
Footnotes:
- Okla. Stat. tit. 21 § 10
- Okla. Stat. tit. 21 § 61
- Okla. Stat. tit. 47 § 11-902
- Okla. Stat. tit. 21 § 748
- Okla. Stat. tit. 47 § 6-101
- Okla. Stat. tit. 21 § 51
- Okla. Stat. tit. 22 § 20
- Okla. Stat. tit. 21 § 961
- Okla. Stat. tit. 22 § 984
Oklahoma Statutes citations:
No Oklahoma statutes found.
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.