*1
cites to
T3 The Court
State
protection type citizens from of its
activity. The Court references a recent
amendment to Section 1171 to a sub add specifically addresses C potential prob
conduct in this case. The
lem, future, consistent the Court is continuing interpret
will be the Court being
Subsections B and C as restricted A, places enumerated in Subsection methodology
since that the Court deny applicability
used to B in Subsection Hopefully, happen
this case. that will not Legislature finally
and the intent of the will
be followed. previously unpub-
T4 I stated Ferrante,
lished decision in State (March 7, 2008), informed women who they
desire to wear dresses have no
expectation privacy as to what have
covered with the dress. This decision states thing,
the same and tells those individuals photographs go desire to take these
ahead and do so because there is no avenue you prosecuted. clearly This was Legislature the intent of the when it Now, Leg-
amended this statute in 2001.
islature has confirmed that intent with the
enactment of Subsection C Section 1171. Hixson, law, Yukon, attorney
W. Mark OK, attorney for defendant at ap- trial and peal. Hesse,
Paul Attorney, Assistant District El Reno, OK, attorney for the State trial. Edmondson, Attorney W.A. Drew General Oklahoma, Jay Schniederjan, Assistant At- *2 197 gun over turned the OK, jacket. paramedic The General, City, attor- Oklahoma torney Officer,and Platt City Police to an Oklahoma appeal. on neys appellee belonged to him. jacket that the admitted OPINION 2005, earlier, 1, on November year I 4 One counsel, a Platt entered represented while CHAPEL, Judge. County District Oklahoma in a bench Platt was tried Todd 1 1 Robert CF-2005-3550, felony Court, No. Case D. McCur- trial, Jack the Honorable before (metham- of CDS Possession of Unlawful Possession II, of Unlawful convicted dy, § 2- O.S.Supp.2004, under 63 phetamine), Firearm, O0.8.8upp.2005, 21 accepted by the Honor- plea was 402. The Court, County District 1283, in Canadian Hubbard, who then deferred Ann able Carol Honorable Jack The Case No. CF-2007-46. (5) a of five sentencing in the case for II, imprison Platt McCurdy, sentenced D. years. (5) all but suspended years, for five ment turns agree that this case parties 115The (90) days of this sentence.1 ninety first Platt question of law. entirely upon pure a conviction. appeals his 0.8.2001, § a argues under 63 error, Platt single proposition 2 In his a after deferred sentence charge and improper was argues that it not constitute a of CDS does Possession of a Fire- Possession him of Unlawful convict 0.S8.Supp. 21 purpose "conviction"for requires prior felo- crime arm because 2005, specific challenge is This 1288.2 felony conviction, no he had ny impression Court. issue of first charged. the time he was convictions by examining the statutes begin fact, We In dispute. ease are not facts of this 21, per $ 1283 establishes issue. Title Stipulation of "tried" on Joint the case was any felony" been "convicted of sons who have Platt, defense Facts, signed control, in their dan or have possess, cannot attorney on counsel, district and the assistant Platt maintains deadly firearms.3 gerous or in the district and filed September, sentence he was on a deferred that because 20, agreed- 2007. The September court on which he possession offense to on are as follows. upon facts any other did not have pled guilty-and he involved Platt was T3 On October "convicted" had not been prior offenses-he riding his while single vehicle accident in a at the purpose of 1283 felony for the of a North- motorcycle near the intersection gun at issue. time he Highway 4 in and State west 10°" Street guilty plea to a question is whether County. Emer- City, Canadian Oklahoma upon which charge, possession called to workers were gency medical constitutes deferred has been jacket Platt's as removed scene and § 1283. a "conviction" removing this him. treating While were we question, a loaded .82 discovered In to answer jacket, paramedic T7 order 0.9.2001, § 2410.4 Section turn to pocket pistol caliber revolver felony any any court 90-day convicted 1. The court ordered States or of the United or of another state state Jail, but in the Canadian would be served County $2,500 possession under his or released, in his or her to have aon Platt to be also allowed Bond, day or in vehicle Appellate control, Recognizance on the her immediate any Own person operating, in which the was sentenced. that he residence riding passenger, or at the resides, pistol, any where the convicted by making properly preserved this issue 2. Platt gun, machine or homemade imitation pistol, Quash and Set argument in a Motion to the same rifle, any dan- shotgun other sawed-off Information, filed in the which was Aside deadly gerous firearm. July court on district 1283(A). O.$.Supp.2005, felony is defined as follows: crime at issue 3. The entirety, states as follows: in its 4. This previous- any person who has not Whenever provided B of this Except in subsection this act offense under ly convicted of pardons been [dealing of nonviolent or of the United States statute of felonies], any person or under be unlawful for it shall gives option deferring district courts the this act or fense for (and entering of a criminal statute under which the existence of guilt) plead guilty for a defendant who has conviction 4s relevant." This Court to or found been Possession of clause, finds that this when read in the con Substance, Dangerous Controlled under 63 statute, clearly text of the plainly entire *3 0.S., 2-402, § if the defendant does not have question answers the at issue in this case. any prior drug-related convictions. If such a 1 9 This Court finds that the of this successfully completes defendant the terms clause, "any plea guilty finding such of or of probation, throughout pe- of the time his/her guilt," pleas refers guilty of and during riod sentencing which de- his/her findings guilt of in cases where the defendant ferred, the of charge against Possession CDS yet completed period has not of his/her the defendant will be dismissed and the de- sentencing deferral under 2-410. As not discharged. fendant will be Section 2-410 above, (both ed portions earlier of 2-410 defendant, further states for such a sentences) preceding clause and earlier "[dlischarge and dismissal under this section already clearly had established that defen adjudication guilt shall be without court of successfully dants who complete their sen and shall not be deemed conviction...." tencing effectively deferrals can "erase" their emphasizes 2-410 potential sig- Section arrests, previous charges, guilty pleas discharge nificance of a and dismissal after (or findings guilt). of potential to erase successfully completed deferred sentence "expunge" or through these events the suc stating: "Any expunged further arrest or completion cessful period of the deferral does conviction shall regarded not thereafter be not, however, legal determine the ramifica purposes an arrest or conviction for of em- during tions of these period "events" of ployment, statute, rights, any civil or regula- deferral. This Court con tion, license, questionnaire any or pub- other 2-410, cludes that the final clause of read private purpose...." lic or whole, the context of the statute 18 Thus 2-410 allows an admission of directs that period "any this deferral guilt finding guilt or of to a of first-offense plea such guilty finding of guilt of of "erased," Possession of CDS at least constitute conviction of the offense for the purposes, for most the defendant success purpose any of this act or other criminal fully completes proba the terms of his/her statute under which the existence of a tion, dismissed, has the case and receives an convictionis relevant." expungement. hand, § On the other by stating concludes 1 10 "provided, Although as follows: the statute could have been that, any such finding precisely, or written more this Court finds that of of gualt shall constitute a conviction this final clause does not refer to successfully of of any relating drugs, state to narcotic purposes disqualifications marihua- this section or for of na, stimulant, depressant, hallucinogenic imposed by upon or disabilities drugs, pleads guilty to or is found Discharge of of a crime. and dismissal under possession dangerous aof controlled substance may once with any person. under Section the court without may, entering guilt and with the con- Any expunged arrest or conviction shall not person, proceedings sent of such defer further regarded thereafter be as an arrest or convic- place probation upon him on such reason- employment, rights, tion for civil may require able terms and conditions as it license, any regulation, question- including requirement that such any public private purpose; naire or other cooperate in a treatment and rehabilitation that, provided, such or find- program state-supported state-approved ing guilt shall constitute a conviction of the facility, Upon if available. violation of term offense for the of this act or adjudica- or condition, the court enter an criminal statute under which the existence of a guilt proceed provid- tion of as otherwise prior conviction is relevant. Upon ed. fulfillment of the terms and condi- 0.$.2001, § 2-410. The of this stat- tions, discharge the court shall such changed adoption ute has not since its in 1971. proceedings against and dismiss the him. Dis- added). (emphasis Id. and dismissal under this section shall adjudication
be without court
and shall
not be deemed a conviction for
Id.
§ 1283 Unlawful Possession
element
cases
or to
sentences
completed deferred
charged
Platt was
offense that
charge has been dismissed
of a Firearm
original
where
Rather, it
discharged.7
and the defendant
Platt's
case.9 And
in the current
who are with
defendants
and informs
directs
charge,
pled
to which he
drug possession
under
sentencing deferral
expunged.
dismissed or
guilty, had not been
time, their earlier
during this
§ 2-410 that
guilty plea
possession
Platt's
Hence
guilt "shall consti
finding of
guilty or
plea of
methamphetamine,
pur
of the offense
tute
did
under
had been deferred
criminal statute
...
pose
[]
a "conviction"
constitute
prior conviction
of a
the existence
pistol. Platt
the time
relevant."
charged and convicted
Un
properly
{
distinction
significance
11 The
of a Firearm
lawful Possession
*4
language and struc-
consistency
the
its
§ 1288.
in the current
apparent
§
is
2-410
ture of
noted that this Court's
113 It should be
at
pistol
he
At the time
case.
negates
§
interpretation
of
2-410 herein
case,
successfully
had not
Platt
issue
by
par
raised
policy
of the
issues
some
had
probation; nor
term of his
completed the
argues that it
case. Platt
ties to the current
(to which
drug possession
his earlier
interpret the final clause
unfair to
would be
Hence
guilty) been dismissed.
pled
he
per
of
applying to the cases
§ 2-410 as
charge that has
of
a
language
§
about
2-410
and
"completed
under this
their deferred
"expunged"
sons who had
been "dismissed"
"regarded" as
being "deemed" or
life,"
not
"most of
because
on with their
moved
knowledge
no
people
arguably apply
would have
these
not even
"conviction" did
a
this
possess a firearm."1 Yet
they couldnot
Platt.
at issue
of the statutes
(
interpretation
Court's
§
about
of
the final clause
Yet
possibility.
open
leave
this
herein does not
this section constitut
of
under
successfully completed
have
persons
For
who
of ...
... for the
a "conviction
ing
had their cases
and
their deferred sentences
the ex
under which
eriminal statute
[]
§
earlier
their
relevant,"
dismissed under
prior
istence of
guilt would not constitute
findings of
pleas or
Platt. The
apply to
certainly
properly
can
§
1283.11
"convictions"
is an
felony conviction
existence of
O.S.Supp.2005,
supra (quoting 21
9. See note 3
recognizes
distinction be-
that the
This Court
7.
1283(A)).
subject
the final clause of
tween the
of
preceding clause would
of the
and the
clauses had been
more clear if these
have been
despite his numerous
noted that
10.
It should be
sentences,
separate
than
clauses
separate
rather
legitimacy
of his
challenges
and fairness
by
it is
separated only
a semi-colon.
alleges,
either
conviction,
Platt nowhere
prerogative
this Court
province
or the
not
appeal,
that he did not
or on
trial court
level
perfect preci-
to insist on
statutes or
to re-draft
legally possess a firearm
not
realize that he could
§ 2-410 as
Reading
the final sentence
sion.
sentencing
He
deferral.
of his
interpreta-
herein is a reasonable
this Court does
process
any type
or due
of notice
does not raise
sentence,
as well as
tion of the
informed,
properly
was not
claim that he
of the statute as
language and structure
lawfully
pled guilty, that he could not
time he
meaning
negating the
whole.
It avoids
(Although
does raise
possess a firearm.
(which
provision
would
portion of this
upon
loosely
the Second
arguments based
some
provision
read to include
if the final
arms," it is unneces-
"right
bear
Amendment
findings
in cases
guilty pleas
and
even
the narrow
sary
claims within
address these
expunged),
already
and
been dismissed
that had
statutory-interpretation
case at is-
context
recognizes
fits with the overall
a distinction that
sue.)
(e., giving
purpose of the section
and
structure
a first-time
to "erase"
defendants
rejects
assertion,
the State's
this Court
Hence
offense,
they comply
drug possession
if
a,
only way for one
appears the
that "it
made in
probationary
terms of their
with the
possess a
position
able to
defendant's
in
resorting
deferral),
necessity
avoids the
completion of a deferred
after successful
firearm
regarding
statutory construction
any canons of
Danger-
Controlled
the Uniform
language.
statutory
"ambiguous"
governor's
to receive
Act is
ous Substances
omitted).
original, citation
(emphasis in
pardon"
Id.
interpretation
2-410 articu
ed of
Firearm,
Unlawful Possession of a
un-
necessity
lated herein also avoids the
21 O.S8.Supp.2005, §
der
because he
resolving any "contradictions" within this
yet
had not
successfully completed the term
provision,
Court has sometimes
of his deferred
0.8.2001,
sentence under 63
alluded to
earlier cases. Such contradic
§ 2410.
thoroughly
After
considering the
tions can arise
the final
2-
clause
entire record
appeal,
before us on
including
interpreted
referring
as
record,
original
briefs,
transcripts,
defendants who are still within a sentenc
parties,
exhibits of the
we find that neither
ing
period,
deferral
but also to defendants
reversal nor
required.
modification is
already successfully
completed
have
deferral
2-410.
In
Decision
Owens,12
Macy
State ex rel.
v.
this Court
Judgment
116 The
and Sentence in this
acknowledged the "twisted contradictions"
hereby
case is
AFFIRMED.
Pursuant
that arise when
2410 is
read
3.15,
Rule
Rules
the Oklahoma Court
manner,
proposed
State
Appeals,
Criminal
18, App.
Title
Ch.
State,14
May
case.13 In
v.
this Court re
(2008),the MANDATEis ORDERED issued
upheld
Macy
viewed and
the decision in
delivery
filing
of this decision.
Owens, noting
it resolved
"appar
ent" contradictions created
the language
JOHNSON, V.P.J.,
JOHNSON,
C.
A.
*5
§of
2-410.15 These cases neither deter
LEWIS, JJ., concur.
mine nor conflict with this Court's conclu
sion in the current case.16 This Court's
LUMPKIN, P.J., concur in results.
conclusion is likewise consistent with Gon
LUMPKIN, Presiding Judge, concur in
State,17
seth v.
recognized
which we
that
results.
although the
normally
word "conviction"
1 1 I concur in
the results
legal
and in
reached
the "strict
sense"
the
refers to "a
case,
Court
I
court,"
agree
final
however
do not
of the
the term can
with the
interpretation
Court's
of 68
O.S.
also
ordinary
be used "in its
sense ...
to
2001,§
2-410.
designate
particular
that
state of a criminal
prosecution[
plea
guilty
] when a
is en
T2 I
cannot find
basis to limit
the
court,
tered in open
or a
verdict of
application
"provided,
that
..." at the
18
by jury."
returned
end
of the statute to
that
T15
herein,
For
the reasons articulated
which the deferred sentence is in effect.
It
appropriately charged
appears
convict
the Court has
Legis-
overlooked the
166,
12. 1985 OK
sentence,
CR
717 P.2d
suspended
1141.
regardless
of whether the
judgment and sentence was deferred."
1985 OK
CR
717 P.2d
at 1143.
13.
(quoting
T4,
Id. at
717
at
P.2d
1142
Hefner
State,
215,
527,
(Brett,
1975 OK CR
542 P.2d
532
J.,
concluded, however,
dissenting)). We
that "it
14,
14. 1990 OK CR
lows any such
provided, shall constitute
finding guilt act or purpose of this the offense under which criminal any other relevant. convictionis existence WORTHAM, Appellant Christopher clear, can receive a defendant The intent offense one deferred Oklahoma, Appellee. The STATE ability get person's impact that it will not question- license, even answer job, RE-2006-1100. No. another commits naire, but Appeals of Oklahoma. of Criminal Court subsequent crime, they ean be treated the classic reflects The statute offender. 19, 2008. June providing approach of stick carrot and to become inducement citizen, op- if that abiding productive,