Susan Rene Brumley v The State Of Oklahoma

RE-2000-630

Filed: Jan. 12, 2001

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

James W. Patterson appealed his conviction for revoking a suspended sentence. The conviction and sentence were reversed by the court. Judge Strubhar dissented.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT that the Creek County District Court order of May 5, 2000, revoking Appellant's suspended sentence in Case No. CF-95-171 is VACATED. Further, this matter is REMANDED to the District Court for the entry of an order nunc pro tunc in CF-95-171 consistent with this Opinion. IT IS so ORDERED. WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 12 day of January 2001.

Issues

• Was there an error in the trial court accepting a plea and imposing a sentence in Case No. CF-95-171 after it had been previously dismissed?
• Did the trial court have the jurisdiction to revoke the suspended sentence in Case No. CF-95-171?

Findings

• the court erred
• the order revoking the suspended sentence is vacated
• the case is remanded for entry of an order nunc pro tunc

RE-2000-630

Jan. 12, 2001

Susan Rene Brumley

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

Appellant, through counsel, Kimberly D. Heinze, appeals to this Court from an order revoking a three (3) year suspended sentence in Creek County District Court, Case No. CF-95-171. In that case, on May 11, 1995, Appellant was charged with Possession of Controlled Drug. (O.R. 1 – – 3) On January 17, 1996, Case No. CF-95-171 was dismissed by the District Court and Appellant was ordered to pay costs. (O.R. 23) On March 3, 1997, Appellant entered pleas of guilty in Creek County Case No. CF-96-124 and also the previously dismissed case in CF-95-171. (O.R. 60 – 66) Despite the fact the record fails to reflect that the State ever refiled charges against Appellant in CF-95-171, the trial court accepted Appellant’s plea in that case and entered a three (3) year suspended sentence. (O.R. 69 – 73) The sentence in CF-95-171 was ordered to run concurrently with the three year sentences imposed in Counts I and IV in CF-96-124. On November 20, 1998, the State filed an Application to Revoke against Appellant in both cases. (O.R. 91) On April 25, 2000, the trial court revoked Appellant’s entire three (3) year suspended sentence, and ordered Appellant to serve two and one-half years as full discharge of the Judgment and Sentence in the case. (O.R. 97 – 104) On June 16, 2000, Appellant filed a Petition in Error in this Court appealing the revocation order of the District Court. The appeal was regularly assigned to this Court’s Accelerated Docket under Section XI of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2000). In her Accelerated Docket Application and brief, Appellant urges a single proposition of error: The trial court was without authority to accept a plea and impose sentence in Creek County Case No. CF-95-171 because it had been previously dismissed, thereby depriving the court of jurisdiction. (Appellant’s brief at 2.) On January 4, 2001, Appellee filed a Response to Appellant’s brief and a Motion to Confess Error. Within its pleading the Attorney General, on behalf of the State, concedes the error raised by Appellant. In light of the foregoing, the existing record before us, and the authorities cited by the parties herein, the Court FINDS it was error for the District Court to have entered an order revoking the suspended sentence in Creek County Case No. CF-95-171.

IT IS THEREFORE THE ORDER OF THIS COURT that the Creek County District Court order of May 5, 2000, revoking Appellant’s suspended sentence in Case No. CF-95-171 is VACATED. Further, this matter is REMANDED to the District Court for the entry of an order nunc pro tunc in CF-95-171 consistent with this Opinion. IT IS so ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 12 day of January 2001.

K GARY L. LUMPKIN, Presiding Judge
S CHARLES A. JOHNSON, Vice Presiding Judge
CHARLES S. CHAPEL, Judge
RETA M. STRUBHAR, Judge
STEVE LILE, Judge
ATTEST: Clerk

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Footnotes:

1. Okla. Stat. tit. 22 § 983
2. Okla. Stat. tit. 22 § 992
3. Okla. Stat. tit. 22 § 982

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.