Willie Lee Ford, Sr. v State Of Oklahoma

RE-2013-1177

Filed: Jan. 8, 2015

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Willie Lee Ford, Sr. appealed his conviction for Domestic Assault and Battery by Strangulation. His conviction and sentence were initially twelve years, but only the first 141 days were served in jail. After he allegedly broke the rules of his probation by committing another assault, a judge decided to revoke his suspended sentence. Ford was sentenced again for eleven years and 224 days, but this new sentence was longer than his original one. The court found that the new sentence was too long and needed to be corrected. They kept the revocation of Ford's suspended sentence but cancelled the new sentence. The case will go back to the lower court to set a new sentence that matches the original one. No judges disagreed with this decision.

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.

Issues

• Was the sentence imposed upon revocation of Ford's suspended sentence exceeding the original sentence assessed in the case?
• Did the State confess error regarding the length of the sentence imposed at the revocation proceeding?
• Was Ford's second proposition of error regarding the clerical errors in the sentencing order rendered moot by the vacation of the sentence?

Findings

• The revocation of Ford's suspended sentence is affirmed.
• The sentence imposed at the revocation of Ford's suspended sentence is vacated.
• The matter is remanded to the District Court of Washita County for entry of a proper sentencing order not exceeding the original sentence.
• Ford's second proposition of error regarding clerical errors is rendered moot.

RE-2013-1177

Jan. 8, 2015

Willie Lee Ford, Sr.

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

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 v. 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.

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.

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Footnotes:

1. Okla. Stat. tit. 22 § 18.
2. Glenn U. State, 1986 OK CR 16, 714 P.2d 212.
3. Okla. Stat. tit. 22 § 3.15.

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.8 - Domestic Assault and Battery by Strangulation
• Okla. Stat. tit. 22 § 18 - Rules of the Oklahoma Court of Criminal Appeals

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:

• Glenn U. State, 1986 OK CR 16, 714 P.2d 212