State Of Oklahoma v Christopher Cain Saylor

S-2012-573

Filed: Mar. 14, 2013

Not for publication

Prevailing Party: State Of Oklahoma

Summary

#Christopher Cain Saylor appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine). Conviction and sentence were affirmed. No justices dissented.

Decision

The final rulings and orders of the magistrate and the reviewing judge in Oklahoma County District Court, Case No. CF-2011-5238, are AFFIRMED. Pursuant to Rule 3.15 of this Court's Rules, MANDATE IS ORDERED ISSUED on the filing of this decision.

Issues

• was there an abuse of discretion in the factual determinations made by the magistrate and reviewing judge regarding the arrest of Appellee?
• did the magistrate and reviewing judge err in their interpretation of 47 O.S.2011, § 2-117 concerning the jurisdictional authority of the Highway Patrol Officer?

Findings

• the court affirmed the decisions of the magistrate and reviewing judge
• the court found no abuse of discretion in the factual determinations of the magistrate
• the court found no error in the interpretation of the statute concerning the officer's jurisdiction

S-2012-573

Mar. 14, 2013

State Of Oklahoma

Appellant

v

Christopher Cain Saylor

Appellee

SUMMARY OPINION

MICHAEL S. RICHIE LUMPKIN, JUDGE:

Appellee was charged by Information in the District Court of Oklahoma County, Case No. CF-2011-5238, with Possession of Controlled Dangerous Substance (Methamphetamine). Following presentation of the State’s evidence at preliminary hearing, the Honorable Larry A. Jones, Special Judge, sitting as magistrate, sustained Appellee’s demurrer and declined to bind Appellee over for trial. The State then appealed under the authority of 22 O.S.2011, § 1089.1. The Honorable Cindy H. Truong, District Judge, heard that appeal, and on May 31, 2012, upheld the magistrate’s orders. The State now appeals to this Court. This appeal was regularly assigned to this Court’s Accelerated Docket under Section XI of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2013). The Court held oral argument on February 21, 2013, and it duly considered Appellant’s proposition of error raised on appeal:

Proposition

The Oklahoma Highway Patrol Trooper did not exceed his jurisdictional authority.

After hearing oral argument, and after a thorough consideration of Appellant’s proposition of error and the entire record before us on appeal, by a vote of five (5) to zero (0), we affirm. In state appeals brought under the procedures established at 22 O.S.2011, §§ 1089.1 – 1089.7, this Court reviews the factual findings of the magistrate and reviewing judge for an abuse of discretion¹ and reviews their legal interpretation of statute de novo.² This Court finds no abuse of discretion in the magistrate or reviewing judge’s factual determinations concerning what occurred in the arrest of Appellee. Moreover, the Court finds no error in the magistrate or reviewing judge’s interpretation of 47 O.S.2011, § 2-117, as was construed in Crowley v. State, 2009 OK CR 22, 215 P.3d 99, and their having found that statute prevented the Highway Patrol Officer from acting with authority in his arrest of Appellee and seizure of evidence.

DECISION

The final rulings and orders of the magistrate and the reviewing judge in Oklahoma County District Court, Case No. CF-2011-5238, are AFFIRMED. Pursuant to Rule 3.15 of this Court’s Rules, MANDATE IS ORDERED ISSUED on the filing of this decision.

¹ See State v. Swicegood, 1990 OK CR ,48, I 7, 795 P.2d 527, 529 (where the State failed to meet its burden to show the alleged crime was committed and the magistrate had sustained the defendant’s demurrer, [a]bsent an abuse of the discretion in reaching that decision, the magistrate’s ruling will remain undisturbed).

² See McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 493, 111 S.Ct. 888, 897, 112 L.Ed. 2d 1005 (1991) (Although the abuse-of-discretion standard is appropriate for judicial review of an administrative adjudication of the facts of an individual application for [special agricultural worker residency] status, such a standard does not apply to constitutional or statutory claims, which are reviewed de novo by the courts.); In re J.L.M., 2005 OK 15, I 4, 109 P.3d 336, 338 (where the issue on appeal is one of statutory construction, the standard of review is de novo, and appellate court had plenary, independent and non-deferential authority to determine whether the trial court erred in its legal ruling).

APPEARANCES AT TRIAL

LORI McCONNELL & DAVID NICHOLS
ASSISTANT DISTRICT ATTORNEYS
320 ROBERT S. KERR, SUITE 505
OKLAHOMA CITY, OKLAHOMA 73102
ATTORNEYS FOR STATE OF OKLA.

J. W. BILLY COYLE, IV
125 PARK AVE., 1ST FLOOR
OKLAHOMA CITY, OK 73102
ATTORNEY FOR DEFENDANT

APPEARANCES ON APPEAL

LORI McCONNELL & ADAM KALLSNICK
ASSISTANT DISTRICT ATTORNEYS
320 ROBERT S. KERR, SUITE 505
OKLAHOMA CITY, OKLAHOMA 73102
ATTORNEYS FOR APPELLANT

J. W. BILLY COYLE, IV
125 PARK AVE., 1ST FLOOR
OKLAHOMA CITY, OK 73102
ATTORNEY FOR APPELLEE

OPINION BY: LUMPKIN, J.
Lewis, P.J.: Concurs
Smith, V.P.J.: Concurs
C. Johnson, J.: Concurs
A. Johnson, J.: Concurs

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Footnotes:

1. 22 O.S.2011, § 1089.1
2. 47 O.S.2011, § 2-117
3. State v. Swicegood, 1990 OK CR 48, 795 P.2d 527
4. McNary v. Haitian Refugee Center, Inc., 498 U.S. 479 (1991)
5. In re J.L.M., 2005 OK 15, 109 P.3d 336
6. Crowley U. State, 2009 OK CR 22, 215 P.3d 99

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 1089.1 (2011) - Appeal procedures
• Okla. Stat. tit. 22 § 1089.7 (2011) - State appeals
• Okla. Stat. tit. 47 § 2-117 (2011) - Jurisdiction and authority of law enforcement

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:

• State v. Swicegood, 1990 OK CR 48, 795 P.2d 527
• Crowley v. State, 2009 OK CR 22, 215 P.3d 99
• McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112 L.Ed. 2d 1005
• In re J.L.M., 2005 OK 15, 109 P.3d 336