Edward Dean Jackson v The State Of Oklahoma
RE-2016-401
Filed: Jan. 11, 2017
Not for publication
Prevailing Party: The State of Oklahoma
Summary
Edward Dean Jackson appealed his conviction for unlawful possession of a controlled drug with intent to distribute and burglary in the second degree. His conviction and sentence were eight years of imprisonment, with three years to be served and the rest suspended. Judge Walter Hamilton revoked his suspended sentences because Jackson did not follow the rules. However, the Court of Criminal Appeals said the revocation was not valid because the court held the hearing too late—twenty-eight days instead of the required twenty days. So, Jackson's revocation was reversed, and the case was sent back for further actions. No judges disagreed with this decision.
Decision
The revocation of Appellant's suspended sentences in McCurtain County District Court Case No. CF-2014-194 is REVERSED and REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2016), the MANDATE is ORDERED issued upon the filing of this decision.
Issues
- Was the hearing on the State's application to revoke Appellant's suspended sentences conducted within the required twenty days?
- Did the District Court secure a timely waiver of the twenty-day requirement for the revocation hearing?
Findings
- the court erred
RE-2016-401
Jan. 11, 2017
Edward Dean Jackson
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
SMITH, JUDGE: On November 3, 2014, Appellant entered a plea of guilty, in McCurtain County District Court Case No. CF-2014-194, to Count 1 – Unlawful Possession of a Controlled Drug with Intent to Distribute and Count 2 – Burglary in the Second Degree. Appellant was convicted and sentenced to eight years imprisonment, with all but the first three years suspended for both Counts 1 and 2. The sentences were ordered to run concurrently.
On January 13, 2016, the State filed an application to revoke Appellant’s suspended sentences. Following a revocation hearing held April 26, 2016, the Honorable Walter Hamilton, Special Judge, found Appellant violated the terms of his suspended sentences. The suspended sentences were revoked in full. Appellant appeals from the revocation of his suspended sentences.
In Appellant’s sole proposition of error he argues the District Court lost jurisdiction to hear the State’s application to revoke by failing to hold the hearing within twenty days and by failing to secure a timely waiver of the twenty-day rule. Section 991b(A) of Title 22 requires that a hearing on the State’s application to revoke must be held within twenty (20) days after the entry of the plea of not guilty to the petition, unless waived by both the state and the defendant. 22 O.S. § 991b. The record in the present case shows Appellant entered a plea of not guilty on February 1, 2016, and the trial court set the revocation hearing for February 29, 2016, which was twenty-eight days after the entry of the plea. On February 29, 2016, the trial court reset the revocation hearing to April 26, 2016. The record in this case shows a revocation hearing set twenty-eight days after Appellant entered a plea of not guilty without securing a waiver of the twenty-day requirement found in Section 991b(A) of Title 22.
DECISION
The revocation of Appellant’s suspended sentences in McCurtain County District Court Case No. CF-2014-194 is REVERSED and REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2016), the MANDATE is ORDERED issued upon the filing of this decision.
APPEAL FROM THE DISTRICT COURT OF MCCURTAIN COUNTY
THE HONORABLE WALTER HAMILTON, SPECIAL JUDGE
APPEARANCES AT TRIAL
J.P. LONGACRE
ATTORNEY AT LAW
117 NORTH CENTRAL AVENUE
P. O. BOX 926
IDABEL, OKLAHOMA 74745
COUNSEL FOR APPELLANT
APPEARANCES ON APPEAL
ROBERT W. JACKSON
APPELLATE DEFENSE COUNSEL
NORMAN, OK 73070
COUNSEL FOR APPELLANT
2 EMILY HERRON
E. SCOTT PRUITT
ASSISTANT DISTRICT ATTORNEY
ATTORNEY GENERAL OF OKLAHOMA
108 NORTH CENTRAL AVENUE #1
IDABEL, OKLAHOMA 74745
COUNSEL FOR THE STATE
3 JOSHUA L. LOCKETT
ASSISTANT ATTORNEY GENERAL
313 N.W. 21st STREET
OKLAHOMA CITY, OKLAHOMA 73105
COUNSEL FOR THE STATE
OPINION BY: SMITH, J.
LUMPKIN, P.J.: CONCUR
LEWIS, V.P.J.: CONCUR
JOHNSON, J.: CONCUR
HUDSON, J.: CONCUR
Footnotes:
- 22 O.S. § 991b.
Oklahoma Statutes citations:
- Okla. Stat. tit. 22 § 991b - Revocation of Suspended Sentences
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.