Todd Aaron Henderson v The State Of Oklahoma

RE-2012-590

Filed: Aug. 14, 2013

Not for publication

Prevailing Party: Todd Aaron Henderson

Summary

Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. Conviction and sentence were reversed. No one dissented. Henderson originally entered a guilty plea in 2009 and had his sentence deferred while he completed a drug court program. After successfully finishing the program, his charge was reduced to a misdemeanor, and he received a suspended sentence. However, in 2012, he was arrested again for DUI and other offenses. The State tried to revoke his suspended sentence, but that was filed one day after he completed it. The court found that it didn't have the authority to revoke the sentence. The decision was reversed, and the State's action to revoke was dismissed.

Decision

The revocation of Appellant's suspended sentence in Tulsa County Case No. CF-2009-525 is REVERSED and REMANDED to the District Court of Tulsa County with instructions to VACATE the order revoking Henderson's suspended sentence in Tulsa County Case No. CF-2009-525 and to DISMISS the State's application to revoke. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2013), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

Issues

• Was there a lack of jurisdiction by the trial court to revoke Henderson's suspended sentence?
• Did the trial court have competent evidence to revoke Henderson's suspended sentence?

Findings

• the trial court lacked jurisdiction to revoke Henderson's suspended sentence
• Henderson's second proposition of error is MOOT
• the revocation of Appellant's suspended sentence in Tulsa County Case No. CF-2009-525 is REVERSED and REMANDED
• the order revoking Henderson's suspended sentence in Tulsa County Case No. CF-2009-525 is VACATED
• the State's application to revoke is DISMISSED

RE-2012-590

Aug. 14, 2013

Todd Aaron Henderson

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

C. JOHNSON, JUDGE: On April 15, 2009, Appellant Todd Aaron Henderson, represented by counsel, entered a guilty plea to a charge of Driving Under the Influence of Alcohol in Tulsa County Case No. CF-2009-525. Henderson’s sentencing was deferred pending completion of the Tulsa County Drug Court program. On January 27, 2011, Henderson successfully completed drug court, and that same date the charge in his case was amended to a misdemeanor (Driving Under the Influence) and he was sentenced to one (1) year, suspended, subject to terms and conditions of probation. Judgment and sentence was entered January 27, 2011, and was filed of record January 28, 2011.

On January 14, 2012, Henderson was stopped in Broken Arrow, Oklahoma. He was subsequently arrested and charged with Driving under the Influence of Alcohol (second and subsequent offense), Possession of Drug Paraphernalia, Speeding, Unsafe Lane Use, and Failure to Pay Taxes Due to the State in Tulsa County Case No. CF-2012-347. On January 27, 2012, the State filed an Application to Revoke Henderson’s suspended sentence based on these new charges. On June 26, 2012, the District Court of Tulsa County, the Honorable William J. Hiddle, Special Judge, revoked Henderson’s suspended sentence in full.

From this judgment and sentence, Henderson appeals and raises the following propositions of error:

1. The trial court lacked jurisdiction to revoke Henderson’s suspended sentence; and
2. The trial court lacked competent evidence to revoke Henderson’s suspended sentence.

The State has confessed error in this matter, conceding that the trial court lacked jurisdiction to revoke Henderson’s suspended sentence. We therefore REVERSE and REMAND this matter to the District Court of Tulsa County with instructions to VACATE the order revoking Henderson’s suspended sentence in Tulsa County Case No. CF-2009-525 and to DISMISS the State’s application to revoke. Henderson argues, and the State concedes that the application to revoke Henderson’s suspended sentence was filed January 27, 2012, one day after Henderson completed service of his suspended sentence in Tulsa County Case No. CF-2009-525. Computation of the time for a suspended sentence begins on the day of sentencing. Mullins U. State, 1991 OK CR 39, I 4, 808 P.2d 702. The trial court only has jurisdiction to revoke a suspended sentence if the application to revoke is filed prior to the expiration of the defendant’s sentence. Bewley v. State, 1987 OK CR 160, II 4, 742 P.2d 29, 31. The State’s application to revoke was filed one day after completion of Henderson’s suspended sentence, therefore the trial court lacked jurisdiction to hear the State’s revocation application. As the State has confessed error in this matter, Henderson’s second proposition of error is MOOT.

DECISION

The revocation of Appellant’s suspended sentence in Tulsa County Case No. CF-2009-525 is REVERSED and REMANDED to the District Court of Tulsa County with instructions to VACATE the order revoking Henderson’s suspended sentence in Tulsa County Case No. CF-2009-525 and to DISMISS the State’s application to revoke. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2013), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

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Footnotes:

1. Mullins U. State, 1991 OK CR 39, I 4, 808 P.2d 702.
2. Bewley v. State, 1987 OK CR 160, II 4, 742 P.2d 29, 31.
3. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2013).

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.8 (2011) - Offenses Against the Person
• Okla. Stat. tit. 22 § 18 - Criminal Procedure
• Okla. Stat. tit. 47 § 11-801 - Traffic Violations
• Okla. Stat. tit. 22 § 982a - Probation and Parole
• Okla. Stat. tit. 21 § 51.1 - Sentencing and Suspended Sentences
• Okla. Stat. tit. 21 § 733 - Driving Under the Influence of Alcohol

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:

• Mullins U. State, 1991 OK CR 39, I 4, 808 P.2d 702.
• Bewley v. State, 1987 OK CR 160, II 4, 742 P.2d 29, 31.