Okla. Stat. tit. 10 § 7306-2.8 Archives

J-2009-0091

Post author:Staff
Post published:May 22, 2009
Post category:J

In OCCA case No. J 2009-0091, C.C.S. appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the order of the lower court that had granted the State's motion to impose an adult sentence on C.C.S. and remanded the case for further proceedings with instructions to sentence C.C.S. as a Youthful Offender if he is convicted of the charged crimes. One judge dissented. C.C.S., who was born on December 28, 1990, faced multiple charges as a Youthful Offender. These included robbery with a firearm, possession of a firearm with a defaced serial number, and obstructing an officer. The State requested that C.C.S. be sentenced as an adult. After a hearing, a judge decided C.C.S. should be tried as an adult for the robbery charge. C.C.S. then appealed, and the case came before the Oklahoma Court of Criminal Appeals. During a hearing on April 30, 2009, the court listened to arguments and took time to think about the case. The court determined that the trial court had made a mistake by deciding to treat C.C.S. as an adult. The ruling meant that if C.C.S. was found guilty, he should be treated and sentenced as a Youthful Offender according to the law. This result was based on the idea that the law aims to help young people rehabilitate rather than punish them like adults. The judges in the dissent expressed their disagreement with the majority opinion. They believed that the trial judge had made a reasonable decision based on the facts of the case. They felt that the judge had thought carefully about what would be best for C.C.S., considering his age and the nature of the charges against him. The dissenting opinion also pointed out concerns about how the ruling would work, especially because C.C.S. was almost 18 at the time of the decision and nearly 18.5 years old by the time the case was decided. They referred to specific laws about how young offenders should be treated and raised questions about whether C.C.S. would still be eligible for a Youthful Offender program given his age during the legal proceedings. Overall, the court’s decision aimed to ensure that young people like C.C.S. would have the opportunity for rehabilitation instead of simply being punished as adults for their actions. The focus was on providing a chance for a better future rather than imposing adult penalties.

J-2005-1078

Post author:Staff
Post published:January 26, 2006
Post category:J

In OCCA case No. J-2005-1078, the appellant appealed his conviction for First Degree Rape. In a published decision, the court decided to reverse the order that sentenced the appellant as an adult and directed that he be treated as a youthful offender in the event of a conviction. No judge dissented. The case began when the appellant was charged as a youthful offender on September 23, 2004. After a request to be treated as a juvenile was denied, the state filed a motion to sentence the appellant as an adult. This motion led to a trial that was scheduled for September 12, 2005. However, just before the trial started, the state asked to cancel the trial and have a hearing on the motion to sentence him as an adult, which was scheduled for October 12, 2005. During the appeal, the appellant raised three main issues. He argued that the delays in bringing the charges against him were unfair and that the case should be dismissed. He also claimed that the state could not pursue adult sentencing because the trial had already begun before the hearing, and lastly, he said there wasn't enough evidence to show he couldn't be helped through the juvenile system. The court looked closely at the timing of when the trial started and when the hearing to sentence him as an adult happened. They determined that the trial had indeed started when jury selection began, and the law required that the hearing on the adult sentencing motion should have happened before the trial began. Since it did not, the court found that the district court made a mistake by allowing the state to strike the trial after jury selection had started and then proceed with the sentencing hearing. As a result, the order to sentence the appellant as an adult was reversed, and the case was sent back to the district court with instructions to treat the appellant as a youthful offender if he were to be convicted.