SMILEY v. STATE
2017 OK CR 2
| Okla. Crim. App. | 2017Background
- Smiley pleaded guilty to aggravated eluding in June 2013; sentence eight years with all but 60 days suspended. Count for escape dismissed.
- State filed an Application to Revoke Suspended Sentence (Oct. 15, 2014) alleging probation violations and a new strangulation charge. Smiley was arraigned, pleaded not guilty, and waived a 20‑day speedy revocation hearing.
- State later filed an Amended Application to Revoke (Dec. 17, 2014) adding allegations including drug use, failure to complete rehabilitation, and several new criminal charges from separate cases.
- Revocation hearing occurred Jan. 20, 2015 (34 days after the amended application). The trial court found Smiley violated probation and revoked the remaining suspended sentence in full.
- Smiley appealed, arguing the court lost jurisdiction because he was not arraigned again on the amended application and thus did not re‑waive the 20‑day hearing requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to arraign the defendant on an amended application to revoke required dismissal for lack of a renewed 20‑day waiver | Smiley: waiver of the 20‑day rule applied only to the original application; absent a new arraignment and waiver after the amended application, the court lost jurisdiction if hearing occurred more than 20 days after the amended filing | State: initial arraignment, not guilty plea, and waiver of the 20‑day requirement were valid; no authority requires a second waiver on filing of an amended application; defendant was given reasonable notice to prepare for added allegations | Court affirmed revocation: initial timely arraignment, plea, and waiver satisfied 22 O.S. § 991b(A); no need for a fresh waiver upon amendment; 34 days was a reasonable time to prepare for the amended charges |
Key Cases Cited
- Yates v. State, 761 P.2d 878 (Okla. Crim. App. 1988) (discusses trial court jurisdiction and revocation hearing timing)
- Grimes v. State, 251 P.3d 749 (Okla. Crim. App. 2011) (addresses waiver of the 20‑day revocation hearing requirement)