Jerrad Sterling Nunamaker v The State Of Oklahoma
M-2017-137
Filed: Feb. 28, 2019
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Jerrad Sterling Nunamaker appealed his conviction for speeding and possession of drugs. His conviction and sentence included fines and a deferred sentence for five years. The court later agreed that the fine for speeding was too high and changed it to $20. Also, the court decided that he did not need to pay a Victim Compensation Assessment for that charge. The opinion was that Nunamaker's fine was modified, and the compensation assessment was canceled. No judges disagreed with this decision.
Decision
Appellant's fine for Count 3 in Lincoln County District Court Case No. CF-2016-122A is MODIFIED to $20.00 and the Victim Compensation Assessment for Count 3 is VACATED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
Issues
- Was the fine assessed for Count 3 exceeding the maximum fine allowed for the charged offense?
- Was the Victim Compensation Assessment assessed by the court for Count 3 authorized by statute?
Findings
- The court erred by assessing a fine for Count 3 that exceeded the maximum allowed by statute.
- The VCA assessed for Count 3 was not authorized by statute and was therefore vacated.
M-2017-137
Feb. 28, 2019
Jerrad Sterling Nunamaker
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
JOHN D. HADDEN KUEHN, VICE-PRESIDING JUDGE:
On January 31, 2017, Appellant Nunamaker, represented by counsel, entered negotiated pleas to Count 1, Possession of a Controlled Dangerous Substance (CDS), Count 2, Unlawful Possession of Drug Paraphernalia and Count 3, Speeding in Excess of Lawful Limit in Lincoln County Case No. CF-2016-221A. The District Court of Lincoln County, the Honorable Cynthia Ferrell Ashwood, found Nunamaker guilty and deferred his sentencing for five (5) years. In addition, the court imposed a fine of $200.00 each for Counts 1 and 2, a $50.00 fine for Count 3, a Victim Compensation Assessment (VCA) in the amount of $100.00 each for Counts 1 and 2, and $35.00 for Count 3. From this Judgment and Sentence Nunamaker appeals and raises as his sole proposition of error that the fine assessed for Count 3 exceeded the maximum fine allowed for the charged offense, and that the VCA assessed by the court for Count 3 was not authorized by statute. In its response filed to Nunamaker’s appeal, the State confesses error, conceding that the maximum fine allowed for Nunamaker’s speeding offense is $20. Because the charged offense is a traffic violation, the State also concedes the VCA is not applicable to his misdemeanor traffic offense. See, 47 O.S.Supp.2015, §§11-801 (B), (G) and 21 O.S.2011, § 142.18(B). Nunamaker’s fine for Count 3 is MODIFIED to $20.00. The VCA for Count 3 is VACATED.
DECISION
Appellant’s fine for Count 3 in Lincoln County District Court Case No. CF-2016-122A is MODIFIED to $20.00 and the Victim Compensation Assessment for Count 3 is VACATED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
Footnotes:
- See, 47 O.S.Supp.2015, §§11-801 (B), (G) and 21 O.S.2011, § 142.18(B).
Oklahoma Statutes citations:
- Okla. Stat. tit. 47 § 11-801(B) (2015) - Maximum Speed Limits
- Okla. Stat. tit. 47 § 11-801(G) (2015) - Speeding Violations
- Okla. Stat. tit. 21 § 142.18(B) (2011) - Victim Compensation Assessment
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.