Lonnie George Baker, Jr. v The State Of Oklahoma

RE-2002-523

Filed: Apr. 24, 2003

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Lonnie George Baker, Jr. appealed his conviction for violating probation. Conviction and sentence were modified to 4 years and 90 days in prison. Judge Steve Lile dissented.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Ottawa County revoking Appellant's suspended sentence in Case No. CF-1998-225 should be, and is hereby, AFFIRMED, and the sentence modified from "a term of 4 years, 4 months" to a term of 4 years, 90 days. IT IS so ORDERED.

Issues

• Was there an error in the written order revoking the suspended sentence based on the remaining time on the sentence?
• Did Mr. Baker receive the proper credit for time spent in confinement at a state mental hospital?
• Was the District Court's decision to credit Mr. Baker for time spent in DOC custody justified?

Findings

• the order of the District Court of Ottawa County revoking Appellant's suspended sentence is affirmed
• the sentence is modified from a term of 4 years, 4 months to a term of 4 years, 90 days
• Appellant did not establish entitlement to sentence credit for time spent at Eastern State Hospital
• the State agrees that Appellant should be credited for approximately 25 additional days against his revoked suspended sentence

RE-2002-523

Apr. 24, 2003

Lonnie George Baker, Jr.

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

The Appellant, Lonnie George Baker, Jr., has appealed to this Court from the revocation of his suspended sentence in Case No. CF-1998-225 in the District Court of Ottawa County, before the Honorable Robert G. Haney, District Judge. In that case, Appellant entered a plea of guilty to Unlawful Possession of Methamphetamine or Amphetamine, and was sentenced to a term of five (5) years, with the sentence suspended.

On January 8, 2002, the State filed the petition to revoke Appellant’s suspended sentence, and amended the petition on March 12, 2002. On April 12, 2002, the revocation hearing was held before Judge Haney. At the conclusion of the evidence, Judge Haney found Appellant had violated probation and revoked the remaining balance of Appellant’s five (5) year suspended sentence. Judge Haney stated he was giving [Appellant] credit for any time in which he has already spent in DOC custody as against that five years. The Court cannot tell from the court file exactly how much time that is.

On April 15, 2002, a written order was filed stating Appellant’s suspended sentence is revoked and that the defendant be imprisoned in a penitentiary for a term of 4 years, 4 months. (O.R.145). Appellant brings this appeal asserting one proposition of error. Appellant claims the written order revoking was in error because Mr. Baker had less than four years and four months remaining on his suspended sentence and, in addition, Mr. Baker did not receive the orally ordered full credit for time in confinement at a state mental hospital for observation, treatment, and evaluation.

The State agrees with the first portion of Appellant’s argument that he had less than four years and four months remaining on his suspended sentence, and that he should be credited for approximately 25 additional days against his revoked suspended sentence. Appellant has not established entitlement to sentence credit for his time spent at Eastern State Hospital for observation, treatment, and evaluation. The District Court gave Appellant credit for any time in which he has already spent in DOC custody. However, his suspended sentence had not yet been revoked, and he was not an inmate in DOC custody during his time spent at Eastern State Hospital for observation, treatment, and evaluation. Young U. State, 1968 OK CR 227, 9111 2, 3, 448 P.2d 294, 295; 57 O.S.2001, § 138(G).

IT IS THEREFORE THE ORDER OF THIS COURT that the order of the District Court of Ottawa County revoking Appellant’s suspended sentence in Case No. CF-1998-225 should be, and is hereby, AFFIRMED, and the sentence modified from a term of 4 years, 4 months to a term of 4 years, 90 days.

IT IS so ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 24th day 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

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Footnotes:

1. Okla. Stat. tit. 57 § 138(G).
2. Young v. State, 1968 OK CR 227, 9111 2, 3, 448 P.2d 294, 295.

Oklahoma Statutes citations:

• Okla. Stat. tit. 57 § 138(G) (2001)

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:

• Young U. State, 1968 OK CR 227, I 2, 3, 448 P.2d 294, 295