State ex rel. Mashburn v. Stice
2012 OK CR 14
| Okla. Crim. App. | 2012Background
- Petitioner is the State of Oklahoma ex rel. Greg Mashburn, seeking a writ of mandamus to compel payment of a $40 monthly supervision fee to the District Attorney's office.
- Defendant was charged with Aggravated Driving Under the Influence on November 21, 2011; plea negotiations on February 23, 2012 deferred sentencing for one year.
- Plea terms required one year of supervision, periodic testing, and an ignition interlock device; supervision by the District Attorney's office was specified.
- Judge Stice found the DA could not supervise the required testing and intended to use a private supervisor, and would not accept the original terms.
- The court ultimately deferred sentencing for one year with private supervision, declined to order the $40 monthly fee to the DA, and the State sought mandamus after opposing the ruling.
- The Oklahoma Supreme Court denied the writ, holding that the DA does not receive the supervision fee unless the DA actually supervises, and that the court has discretion to determine supervision and the corresponding fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in failing to require payment of the $40 DA supervision fee under § 991d(A)(2). | Mashburn argues the fee must be paid to the DA when no Department of Corrections supervision is ordered. | Stice contends § 991a(A)(1)(s) permits court discretion and § 991d(A)(2) applies only when the DA actually supervises. | Denied; fee payments to the DA only where the DA actually supervises. |
Key Cases Cited
- Lozoya v. State, 932 P.2d 22 (1996 OK CR 55) (statutory interpretation and intent considerations)
- State v. Young, 989 P.2d 949 (1999 OK CR 14) (interpreting legislative intent and reconciliations among statutes)
- State v. Doak, 154 P.3d 84 (2007 OK CR 3) (conflict resolution between statutes; later statute controls when irreconcilable)
- Taylor v. State, 640 P.2d 554 (1982 OK CR 8) (reconciliation of amendments in statutory construction)
- City of Sand Springs v. Dep't of Pub. Welfare, 608 P.2d 1139 (1980 OK 36) (reconciliation of related statutory provisions)