Wesley Scot Kilpatrick v The State Of Oklahoma

RE 2018-0397

Filed: Jun. 20, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Wesley Scot Kilpatrick appealed his conviction for robbery in the second degree. His conviction and sentence were a seven-year suspended sentence, meaning he wouldn’t go to prison immediately but had to follow certain rules. The state of Oklahoma later asked to revoke this suspended sentence because Wesley didn’t pay the costs he was supposed to and was accused of committing new crimes. After a hearing, the judge decided to revoke his entire suspended sentence. Wesley argued that this decision was unfair, but the court decided that the judge did not abuse his discretion. So, they agreed with the lower court's decision to revoke Wesley's suspended sentence. Judge Lewis, Judge Kuehn, Judge Hudson, and Judge Rowland all agreed with the opinion.

Decision

The revocation of Appellant's suspended sentence in Cherokee County District Court Case No. CF-2017-177 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision.

Issues

• Was there an abuse of discretion in the revocation of Appellant's suspended sentence?
• Did the trial court properly consider the evidence presented before revoking the suspended sentence?
• Were the reasons provided for the revocation sufficient to justify the court's decision?

Findings

• the court did not err in revoking the suspended sentence
• the decision to revoke was within the trial court's discretion
• there was no abuse of discretion demonstrated by the appellant

RE 2018-0397

Jun. 20, 2019

Wesley Scot Kilpatrick

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LUMPKIN, JUDGE: Appellant, Wesley Scot Kilpatrick, entered a plea of guilty in the District Court of Cherokee County, Case No. CF-2017-177, to Count 2 – Robbery Second Degree. Count 1 – Burglary in the First Degree was dismissed. Appellant received a seven year suspended sentence on Count 2, with rules and conditions of probation. Appellant was also fined $100.00 and assessed costs.

The State filed a motion to revoke Appellant’s suspended sentence on January 8, 2018, alleging Appellant: (1) Failed to pay costs; (2) Failed to pay DA restitution; (3) Committed the criminal offense of Endangering Others While Eluding/Attempting to Elude Police Officer, as alleged in Cherokee County Case No. CF-2017-01; and, (4) Committed the criminal offense of Assault and Battery With a Deadly Weapon, as alleged in Cherokee County Case No. CF-2017-867.

Following a revocation hearing on April 11, 2018, before the Honorable Lawrence Langley, Special Judge, Appellant’s suspended sentence was revoked in full, seven years. Appellant appeals the revocation of his suspended sentence raising the sole proposition of error that the revocation of his suspended sentence was an abuse of discretion.

We affirm the order of the District Court revoking Appellant’s suspended sentence in full. The decision to revoke a suspended sentence in whole or in part is within the sound discretion of the trial court and such decision will not be disturbed absent an abuse thereof. Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557. An ‘abuse of discretion’ has been defined by this Court as a ‘clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and against the application’. Walker v. State, 1989 OK CR 65, If 5, 780 P.2d 1181. Appellant has not shown an abuse of discretion.

DECISION
The revocation of Appellant’s suspended sentence in Cherokee County District Court Case No. CF-2017-177 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision.

OPINION BY: LUMPKIN, J.:
LEWIS, P.J.: Concur
KUEHN, V.P.J.: Concur
HUDSON, J.: Concur
ROWLAND, J.: Concur

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Footnotes:

1. Okla. Stat. tit. 22 § 983
2. Okla. Stat. tit. 22 § 981
3. Okla. Stat. tit. 22 § 904
4. Okla. Stat. tit. 22 § 974
5. Okla. Stat. tit. 22 § 972

Oklahoma Statutes citations:

No Oklahoma statutes found.

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:

• Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557
• Walker v. State, 1989 OK CR 65, I 5, 780 P.2d 1181