Tracy Allen Mitchon v The State Of Oklahoma
RE-2002-1077
Filed: Aug. 25, 2003
Not for publication
Prevailing Party: Tracy Allen Mitchon
Summary
Tracy Allen Mitchon appealed his conviction for violating the terms of his probation. His conviction and sentence were for a suspended sentence of five years due to a DUI offense. The court decided to reverse the decision to revoke his suspended sentence because the written order did not match the judge's earlier spoken decision, and it was noted that Mitchon had already served some time. The judges agreed on this decision, with no noted dissent.
Decision
IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Creek County revoking Appellant's suspended sentence in Case No. CF-1998-221 should be, and is hereby, REVERSED and REMANDED to the District Court to determine the amount of time previously served for which Appellant should be credited, and to correct the written order revoking Appellant's suspended sentence to SO reflect. IT IS so ORDERED.
Issues
- was there a discrepancy between the oral order and the written order revoking Appellant's suspended sentence?
- did the court properly determine the amount of time Appellant should be credited for time served?
- was the evidence sufficient to support the revocation of Appellant's suspended sentence?
Findings
- the court erred
- the order of revocation was reversed and remanded
RE-2002-1077
Aug. 25, 2003
Tracy Allen Mitchon
Appellant
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
The Appellant, Tracy Allen Mitchon, has appealed to this Court from the revocation of his suspended sentence in Case No. CF-1998-221 in the District Court of Creek County, before the Honorable Joe Sam Vassar, District Judge. On April 21, 1999, Appellant entered a plea of guilty to Driving While Under the Influence of Intoxicating Liquor, Second or Subsequent Offense, and was sentenced to a term of five (5) years, with the sentence to be suspended upon successful completion of the Key to Life Program. On May 1, 2000, after Appellant had completed the Key to Life program, his sentence was modified to time served with balance of the five (5) year sentence suspended, subject to the rules and conditions of probation.
On July 3, 2002, the State filed an application to revoke Appellant’s suspended sentence alleging several violations of probation. On August 12, 2002, an amended application to revoke was filed and the revocation hearing was held. After the evidence was presented, Judge Vassar found that Appellant had violated rules and conditions of his probation, and revoked the suspended sentence. The written order states that Appellant’s suspended sentence should be revoked, and that he is ordered [s]entenced to a term of 5 years (in full) imprisonment.
In this appeal, Appellant asserts one (1) proposition of error. Appellant claims the written order revoking was in error because it failed to comport with the court’s oral order; Mr. Mitchon had less than the five years revoked remaining on his suspended sentence. The State has responded noting the Appellant’s contention that he had less than five years remaining on his suspended sentence has merit.
IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Creek County revoking Appellant’s suspended sentence in Case No. CF-1998-221 should be, and is hereby, REVERSED and REMANDED to the District Court to determine the amount of time previously served for which Appellant should be credited, and to correct the written order revoking Appellant’s suspended sentence to SO reflect.
IT IS so ORDERED.
WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 25th day of August, 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:
- 1. Okla. Stat. tit. 22 § 982a.
- 2. Okla. Stat. tit. 22 § 982.
- 3. Okla. Stat. tit. 22 § 983.
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