Okla. Stat. tit. 22 § 11.2(A)(1) Archives

J-2019-618

Post author:Staff
Post published:February 6, 2020
Post category:J

**State of Oklahoma Court of Criminal Appeals Summary Opinion** **Case Title:** M.C.T. v. The State of Oklahoma **Case Number:** J-2019-618 **Filed:** February 6, 2020 **Judges:** Kuehn, Vice Presiding Judge; Lewis, Presiding Judge (specially concurring); Lumpkin, J.; Hudson, J.; Rowland, J. **Background:** M.C.T. appeals the certification decision by Special Judge Scott Brockman in Cleveland County District Court Case No. CF-2019-470, where M.C.T. was certified for trial as an adult for crimes including Assault and Battery with a Deadly Weapon and Unlawful Use of a Computer. The case was expedited under the Accelerated Docket of the Court. **Legal Issues:** The core issue revolves around statutory interpretation regarding the certification of juveniles as adults under Oklahoma law, specifically focusing on 10A O.S.2018 § 2-5-204(H)(1). **Findings:** 1. **Statutory Interpretation:** The Court reviewed the statute, noting that once adjudicated as an adult, a youthful offender retains that status in subsequent criminal proceedings, as mandated by the law. M.C.T.'s prior stipulation to adult status in Oklahoma County was sufficient to affirm his status as an adult in Cleveland County. 2. **Precedent:** M.C.T. relied on D.J.B. v. Pritchett, but the Court distinguished this case based on its unique circumstances, emphasizing that M.C.T. had already been adjudicated as an adult prior to the Cleveland County proceeding. 3. **Judicial Efficiency:** Holding a certification hearing in Cleveland County after a prior adult conviction would be considered a waste of judicial resources, reinforcing the decision to affirm the district court's certification of M.C.T. as an adult. **Conclusion:** The Court affirmed the decision of the Cleveland County District Court to certify M.C.T. as an adult, highlighting that the statutory provisions were effectively applied in this case and that his prior plea as an adult eliminated the necessity for further certification hearings. **Decision:** The certification is AFFIRMED. The mandate is to be issued upon filing this decision. **Counsel:** - **For Appellant:** M. Karla Tankut, Jasmine Johnson (Indigent Defense System) - **For Appellee:** Kristi Johnson, Suanne Carlson (Assistant District Attorneys) **Special Concurrence:** Judge Lewis acknowledged the detailed writing of the opinion and expressed concern regarding the trial counsel's understanding of the consequences of simultaneous cases in different counties. Though counsel's actions were questionable, they did not alter the outcome, given M.C.T.'s unsuitability for youthful offender status. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-618_1734430249.pdf)

J-2011-514

Post author:Staff
Post published:October 1, 2011
Post category:J

In OCCA case No. J-2011-514, J.F. appealed his conviction for Lewd Acts With a Child Under Sixteen. In a published decision, the court decided to affirm the motion for certification as a juvenile. One judge dissented. The case began when the State of Oklahoma charged J.F. on March 7, 2011, for actions that allegedly happened when he was 15 years old. J.F. filed a motion to be treated as a juvenile instead of facing adult charges. A hearing was held where evidence was presented. The court had a specialist provide testimony, and several documents were submitted to support J.F.'s request for juvenile status. The State argued that the court should not have allowed J.F. to be certified as a juvenile, stating that he had not shown enough proof. The court, however, did not find any mistakes in the decisions made by the trial judge and agreed that J.F. should be treated as a juvenile. In the end, the court upheld the earlier decision, allowing J.F. to proceed in the juvenile system.

J-2011-462

Post author:Staff
Post published:September 27, 2011
Post category:J

In OCCA case No. J-2011-462, K.T.L. appealed his conviction for robbery by force/fear and kidnapping. In an unpublished decision, the court decided that the lower court's order denying K.T.L.'s motion to be treated as a juvenile was incorrect and should be reversed. K.T.L. was found to have substantial evidence supporting his request for juvenile treatment, and thus, the court instructed to certify him as a juvenile. One justice dissented, believing that the original decision should be upheld.

J-2008-02

Post author:Staff
Post published:May 6, 2008
Post category:J

In OCCA case No. J-2008-02, the appellant appealed her conviction for murder in the first degree. In an unpublished decision, the court decided that the trial court abused its discretion when it denied her motion to be treated as a youthful offender. One judge dissented. The case involved a young person who was trying to be treated differently under the law because of her age. She argued that she should not face adult sentencing for her crime and provided evidence to support her request. The court looked at this evidence and decided that she had established enough reasons to be classified as a youthful offender. The ruling from the lower court had denied her request, but the appeals court reversed that decision. They instructed the lower court to certify her as a youthful offender, meaning she would be treated more like a minor in terms of sentencing. The dissenting judge believed the initial court hearing was thorough and that the reasons to deny youthful offender status were valid and supported by the facts. This judge argued that the decision to overturn the denial did not stand against the well-reasoned basis that was originally provided.

J-2005-542

Post author:Staff
Post published:October 25, 2005
Post category:J

In OCCA case No. J-2005-542, S.H. appealed his conviction for being sentenced as an adult. In a published decision, the court decided to reverse the district court's decision, stating that there was not enough convincing evidence to support this adult sentencing. One judge dissented. The court found that S.H. should be sentenced as a youthful offender instead.

M-2002-1146

Post author:Staff
Post published:July 22, 2003
Post category:M

In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

M-2000-1482

Post author:Staff
Post published:November 21, 2001
Post category:M

In OCCA case No. M-2000-1482, the appellant appealed his conviction for unlawful transportation of an opened container of alcoholic beverage. In a published decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The appellant was found guilty by a jury in Beckham County, where he was sentenced to six months in the county jail and had to pay more than $1,000 in court costs and fees. The case went through an accelerated process because of its nature. The main issue in the appeal was whether there was enough evidence to support the conviction. The appellant argued that the evidence did not show he had transported an opened alcoholic beverage on a public roadway, street, or alley as required by law. After reviewing the evidence and the details of the case, the court agreed with the appellant and found that there was indeed insufficient evidence to prove he had broken the law in this way. Thus, the higher court decided to reverse the original judgment and told the lower court to dismiss the case. The decision did not go without a disagreement; one judge believed that the conviction should stand.

M-1999-569

Post author:Staff
Post published:January 31, 2001
Post category:M

In OCCA case No. M 99-0569, the Appellant appealed his conviction for possession of drug paraphernalia. In a published decision, the court decided that there was insufficient evidence to support the conviction. Two judges dissented.