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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA WILLIE LEE FORD, SR., ) ) NOT FOR PUBLICATION Appellant, ) vs. ) No. RE-2013-1177 ) STATE OF OKLAHOMA, ) FILED ) IN COURT OF CRIMINAL APPEALS Appellee. ) STATE OF OKLAHOMA JAN Josk 8 2015 SUMMARY OPINION MICHAEL S. RICHIE CLERK SMITH, PRESIDING JUDGE: On September 18, 2012, Appellant Ford, represented by counsel, entered a plea of guilty to a charge of Domestic Assault and Battery by Strangulation after former conviction of a felony in Washita County Case No. CF-2012-25. Ford was sentenced to twelve years, all suspended but the first 141 days, which were satisfied by credit for time served. On October 28, 2013, the State filed an Application to Revoke Ford’s suspended sentence alleging Ford violated the terms and conditions of his probation by committing the offense of Domestic Assault and Battery as alleged in Washita County Case No. CF-2013-353. At a hearing conducted December 10, 2013, the District Court of Washita County, the Honorable Christopher S. Kelly, Associate District Judge, revoked the remainder of Ford’s suspended sentence, sentencing him to eleven years and 224 days with all but the first ten years suspended. Ford does not challenge the revocation of his suspended sentence. He alleges in his first proposition of error that the sentence imposed by the District Court, upon revoking Ford’s suspended sentence, exceeds the original sentence assessed in this case by more than nine months. The original sentence imposed in this matter was twelve years, all suspended, except for the first 141 days, satisfied by credit for time served. Ford’s sentence expires on September 17, 2024. The sentence imposed by Judge Kelly at the revocation proceeding extends Ford’s original sentence, making its expiration date July 21, 2025. Ford alleges the sentence is void, citing to this Court’s decision in Glenn U. State, 1986 OK CR 16, 714 P.2d 212. The State confesses error, admitting that the sentence imposed exceeds the original sentence imposed in Washita County Case No. CF-2012-25. The State contends that the revocation of Ford’s suspended sentence should be affirmed, but the matter remanded for entry of a proper sentencing order. The revocation of Ford’s suspended sentence is AFFIRMED. The sentence imposed at the revocation of Ford’s suspended sentence is VACATED, and the matter is REMANDED to the District Court of Washita County, the Honorable Christopher S. Kelly, Associate District Judge, for entry of a proper sentencing order not exceeding the original sentence imposed in Washita County Case No. CF- 2012-25. Because the sentence in this matter has been vacated, requiring issuance of a new sentencing order, Ford’s second proposition of error alleging that the sentencing order contains clerical errors is rendered MOOT. 2 DECISION The order of the District Court of Washita County revoking Appellant’s suspended sentence in Case No. CF-2012-25 is AFFIRMED. The sentencing portion of the order memorializing the revocation of Appellant’s suspended sentence is VACATED and the matter is REMANDED to the District Court of Washita County, the Honorable Christopher S. Kelly, for entry of a proper sentencing order consistent with this opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2015), the MANDATE is ORDERED issued upon the delivery and filing of this decision. AN APPEAL FROM THE DISTRICT COURT OF WASHITA COUNTY THE HONORABLE CHRISTOPHER S. KELLY, ASSOCIATE DISTRICT JUDGE APPEARANCES AT TRIAL APPEARANCES ON APPEAL MICAH SIELERT KIMBERLY D. HEINZE OKLAHOMA INDIGENT DEFENSE OKLAHOMA INDIGENT DEFENSE SYSTEM SYSTEM P.O. BOX 1349 P.O. BOX 926 CLINTON, OK 73601 NORMAN, OK 73070 COUNSEL FOR APPELLANT COUNSEL FOR APPELLANT ANTHONY MOORE E. SCOTT PRUITT ASSISTANT DISTRICT ATTORNEY ATTORNEY GENERAL OF OKLAHOMA WASHITA COUNTY THEODORE M. PEEPER WASHITA COUNTY COURTHOUSE ASSISTANT ATTORNEY GENERAL CORDELL, OK 73632 313 N.E. 21ST STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE COUNSEL FOR THE APPELLEE 3 OPINION BY: SMITH, P.J.: LUMPKIN, V.P.J.: CONCUR JOHNSON, J.: CONCUR LEWIS, J.: CONCUR RA/F 4

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