Mitchell Wayne Pate v The State Of Oklahoma

RE-2001-1120

Filed: Jul. 15, 2002

Not for publication

Prevailing Party: Mitchell Wayne Pate

Summary

Mitchell Wayne Pate appealed his conviction for Felony Omission to Provide for a Child. Conviction and sentence were modified to revoke one year and six months of his suspended sentence instead of three years and six months. The State agreed with Pate's claim, and the court modified the revocation order accordingly.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Pushmataha County revoking part of Appellant's suspended sentence in Case No. CF-2000-60 should be, and is hereby, MODIFIED to simply state that ONE (1) YEAR and SIX (6) MONTHS of Appellant's suspended sentence is revoked. IT IS SO ORDERED.

Issues

• was there a violation of the authority of the trial court to lengthen Appellant's original judgment and sentence?
• did the intervening revocation order subject the Appellant to an additional two months of probation beyond the original sentence?
• should the Appellant's sentence be modified or remanded to the District Court?

Findings

• the trial court erred in lengthening Appellant's original judgment and sentence
• the sentence should be modified to reflect that one year and six months of the suspended sentence is revoked

RE-2001-1120

Jul. 15, 2002

Mitchell Wayne Pate

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY ORDER

MODIFYING REVOCATION OF SUSPENDED SENTENCE

The Appellant, Mitchell Wayne Pate, has appealed to this Court from the partial revocation of his suspended sentence in Case No. CF-2000-60 in the District Court of Pushmataha County, before the Honorable Doyle E. Blythe, Associate District Judge. On January 17, 2001, Appellant entered a plea of guilty to the offense of Felony Omission to Provide for a Child. He was sentenced to a term of four (4) years, with all except the first six (6) months suspended. On August 22, 2001, the State filed an application to revoke Appellant’s suspended sentences. On September 6, 2001, the revocation hearing was conducted before Judge Blythe. Judge Blythe found Appellant had violated probation and entered an order stating the defendant is sentenced to a term of THREE (3) YEARS and SIX (6) MONTHS with all except the first ONE (1) YEAR and SIX (6) MONTHS Suspended. (O.R. 75-76).

In this appeal, Appellant asserts one proposition of error claiming the trial court was without authority to lengthen Appellant’s original judgment and sentence by an intervening revocation order which subjected the Appellant to an additional two months of probation past the time to which he was originally sentenced, therefore, Appellant’s case should be modified or remanded to the District Court. The State has responded agreeing that Appellant’s proposition has merit and that the sentence should be modified by this Court.

IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Pushmataha County revoking part of Appellant’s suspended sentence in Case No. CF-2000-60 should be, and is hereby, MODIFIED to simply state that ONE (1) YEAR and SIX (6) MONTHS of Appellant’s suspended sentence is revoked.

IT IS SO ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 15th day of July, 2002.

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

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Footnotes:

1. Okla. Stat. tit. 10 § 7001.
2. Okla. Stat. tit. 22 § 983.
3. Okla. Stat. tit. 22 § 991a.
4. Okla. Stat. tit. 22 § 991c.

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.