Glenn Dale Briggs v The State Of Oklahoma
RE-2014-238
Filed: Apr. 21, 2015
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Glenn Dale Briggs appealed his conviction for violating terms of his probation. Conviction and sentence of six years of his nine-year suspended sentence were affirmed, but the one year of post-imprisonment supervision was removed. Judge Lewis dissented.
Decision
The revocation of Appellant's suspended sentence in Ottawa County District Court Case No. CF-2005-0465 is AFFIRMED; the one year of post-imprisonment supervision is VACATED and the case is REMANDED for issuance of a revocation 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 filing of this decision.
Issues
- Was there an abuse of discretion by the District Judge in including one year of post-imprisonment supervision in the revocation order?
- Did the statute governing the appellant's suspended sentence allow for post-imprisonment supervision?
- Was the more general statute allowing for post-imprisonment supervision effective at the time of the appellant's suspended sentence?
Findings
- The court erred in including one year of post-imprisonment supervision in the revocation order.
- The revocation of Appellant's suspended sentence is affirmed.
- The one year of post-imprisonment supervision is vacated.
- The case is remanded for issuance of a revocation order consistent with this opinion.
RE-2014-238
Apr. 21, 2015
Glenn Dale Briggs
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
JOHNSON, JUDGE:
On August 25, 2006, Appellant entered a plea of guilty in Ottawa County District Court Case No. CF-2005-0465 to Count 1, Possession of a Controlled Substance Within the Presence of a Minor Child; Count 2, Driving a Motor Vehicle While Under the Influence of Drugs; Count 3, Unlawful Possession of Drug Paraphernalia; and Count 4, Failure to Carry an Insurance Verification Form. Appellant was sentenced to ten years imprisonment with all but the first year suspended on Count 1, one year imprisonment on Count 2 and fines on Counts 3 and 4. The sentences were ordered to run concurrently.
On October 22, 2013, the State filed an amended motion to revoke Appellant’s Case No. CF-2005-465 suspended sentence alleging that Appellant failed to pay fines, fees and costs; committed the new crime of Possession of Controlled Dangerous Substance with Intent to Distribute in Jasper County Missouri; tested positive for methamphetamine; failed to report; changed his address without notifying his probation officer; failed to provide verification of employment; and failed to provide proof of a drug and alcohol assessment.
Following a revocation hearing, the Honorable Robert G. Haney, District Judge, found Appellant had violated the rules and conditions of his probation and revoked six years of Appellant’s remaining nine-year suspended sentence. Appellant appeals from the revocation of his suspended sentence.
In Appellant’s sole proposition of error, he argues that Judge Haney abused his discretion by including one year of post-imprisonment supervision in the revocation order. Appellant argues that ordering one year of post-imprisonment supervision is impermissible in this case. The State concedes this proposition and agrees that the period of post-imprisonment supervision should be vacated. We agree.
This case deals with Appellant’s nine-year suspended sentence. Appellant’s suspended sentence was pursuant to 63 O.S.Supp.2004, § 2-402. This statute does not provide for post-imprisonment supervision. Further, 22 O.S.Supp.2012, § 991a-21, the more general statute allowing for imposition of post-imprisonment supervision in certain cases, was not effective until November 1, 2012.
DECISION
The revocation of Appellant’s suspended sentence in Ottawa County District Court Case No. CF-2005-0465 is AFFIRMED; the one year of post-imprisonment supervision is VACATED and the case is REMANDED for issuance of a revocation 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 filing of this decision.
Footnotes:
- 63 O.S. Supp. 2004, § 2-402
- 22 O.S. Supp. 2012, § 991a-21
Oklahoma Statutes citations:
- Okla. Stat. tit. 63 § 2-402 (2004) - Possession of Controlled Dangerous Substances
- Okla. Stat. tit. 22 § 991a-21 (2012) - Post-Imprisonment Supervision
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.