 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Stewart v. State3/9/1999
ORDER CONSTRUING PETITION FOR WRIT OF HABEAS CORPUS AS APPEAL FROM DENIAL OF POST-CONVICTION RELIEF; ORDER GRANTING POST-CONVICTION RELIEF, VACATING JUDGMENT AND SENTENCE, AND REMANDING TO OKLAHOMA COUNTY DISTRICT COURT FOR WITHDRAWAL OF GUILTY PLEAS OR RESENTENCING
Petitioner filed a Petition for a Writ of Habeas Corpus in Oklahoma County, Case No. CF 97-1817. The Honorable Richard W. Freeman, District Judge, entered an Order Denying Writ of Habeas Corpus on August 17, 1998, and Petitioner then sought relief in this Court. The record in this matter was received from the Oklahoma County District Court clerk on January 14, 1999.
Petitioner states he pled guilty to Possession of CDS (Marijuana), after former conviction of a felony (Count I), Driving Under the Influence of Intoxicating Liquor (Count II), and Driving Under Revocation (Count III) in Oklahoma County Case No. CF 97-1817. Petitioner states that he was sentenced to ten (10) years imprisonment on Count I, one (1) year imprisonment on Count II, and one (1) year imprisonment on Count III, all counts to run concurrently, to be served as one hundred twenty (120) nights in the county jail.
The Plea of Guilty Summary of Facts in the District Court record reflects the State's sentencing recommendation was
". . . as to Ct.1 10 yrs. to do as 120 nights, Ct. 2 1 yrs. (sic) to do as 10 nights, Ct.3 1 yrs. (sic) to do as 10 nights, Ct. 4 30 day (sic) to do as 1 night, Ct. 5 10 day (sic) to do as 1 night, all cts to run concurrently for a total of 10 yrs. to do as 120 nights ALL but 1 dismissed from page 2, court costs and fees to be paid by Defendant.
Line 22 of the Plea of Guilty Summary of Facts shows the pleas were entered after "two (2) or more prior felony convictions." Line 32(G) reads "Sentencing [circled] continued until the 17th day of October, year of 1997 . . ."
An "Alternate Part B Sentencing After Previous Plea of Guilty Summary of Facts" was entered on October 11, 1997, and was filed in the District Court on October 27, 1997. It reflects that Petitioner was sentenced on October 11, 1997, to ten (10) years on Count I, to one (1) year on Count II, to one (1) year on Count III, to thirty (30) days on Count IV, and to ten (10) days on Count V, to run concurrently. Page four of this document shows that Petitioner was advised of his right to appeal, by writ of certiorari. A written Judgment and Sentence was filed in the District Court on October 30, 1997.
In the "Writ of Habeas Corpus" filed in the District Court, Petitioner asserted the Judgment and Sentence in Case No. CF 97-1817 was void "because the District Court of Oklahoma County exceeded its statutory authority and/or unconstitutionally applied Okla. Stat. Tit. 22, § 991a-2 (1991) when it sentenced Petitioner to Ten (10) years, count 1, one (1) year each, count (sic) 2 and 3, 30 days and 20 days imprisonment in the custody of the Department of Corrections . . ." Petitioner argued § 991a-2 contained no provision for sentencing a defendant to the custody of the Department of Corrections (DOC) after non-compliance with a sentence of night-time incarceration, and therefore the District Court exceeded its authority when it sentenced Petitioner to imprisonment in the DOC for failure to complete the sentence of night-time incarceration. Petitioner contended the plain language of the statute authorized night-time incarceration "instead of sentencing the offender to a term of years in DOC." He claimed night-time incarceration "supplants DOC incarceration" and therefore the District Court could not "delay sentencing pending compliance ... or impose another sentence when an offender fails to comply with his or her
Page 1 2 3 4 5 Oklahoma DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|