State v. Campbell

1998 OK CR 38, 965 P.2d 991, 69 O.B.A.J. 2898, 1998 Okla. Crim. App. LEXIS 46, 1998 WL 635472
CourtCourt of Criminal Appeals of Oklahoma
DecidedAugust 18, 1998
DocketS 97-197
StatusPublished
Cited by25 cases

This text of 1998 OK CR 38 (State v. Campbell) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Campbell, 1998 OK CR 38, 965 P.2d 991, 69 O.B.A.J. 2898, 1998 Okla. Crim. App. LEXIS 46, 1998 WL 635472 (Okla. Ct. App. 1998).

Opinions

ACCELERATED DOCKET ORDER

¶ 1 The State of Oklahoma, Appellant, filed the above-styled proceeding to appeal from an order of the District Court of Craig County dismissing Case No. CF-96-71. The appeal was assigned to the Accelerated Docket of this Court pursuant to the State’s application. Rule 11.3, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (1997).

¶ 2 Appellee left a prison work crew without permission and went to Kansas where he was apprehended.- He was charged for the criminal offense of Escape in Case No. CF-96-71. In addition to the Escape charge, disciplinary proceedings were instituted against Appellant by the Oklahoma Department of Corrections (“DOC”) based upon the same conduct underlying the Escape charge. On June 20,1996, Appellant was found guilty of the alleged violation during the DOC proceedings, and the punishment imposed against him by DOC officials was disciplinary segregation for thirty (30) days, loss of all earned credits and a Fifty Dollar ($50.00) fine.

¶ 3 On January 31, 1997, Appellant, with counsel, and the State, through counsel, appeared before the District Court in Case No. CF-96-71. Appellant waived preliminary examination, and both parties waived jury trial and asked that the matter proceed to non-jury trial instanter. Appellant tendered a plea of “not guilty under the jeopardy law.” The District Court stated it could not accept a conditional plea, and a plea of not guilty was entered. The parties stipulated that the facts alleged in the Information, and underlying the Escape charges, were true. The State then rested its ease. Appellant did not offer any evidence in defense, but moved for dismissal of Case No. CF-96-71 under the doctrine of double jeopardy. Appellant con[992]*992tended the Fifty Dollar ($50.00) fine imposed during DOC proceedings constituted punishment under the double jeopardy clause, and thus prohibited further prosecution of the Escape charges. The District Court stated its reliance on U.S. v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989) and granted Appellant’s motion to dismiss Case No. CF-96-71. The State brought this appeal.

¶4 The State asserts one proposition of error claiming the imposition of prison administrative disciplinary penalties, and District Court punishment for conviction of Escape, does not constitute two separate punishments for the same offense within the meaning of the statutory prohibition against double punishments. The Appellee responds contending the District Court properly dismissed the charges in Case No. CF-96-71 on the basis of double jeopardy because Appellee had already been punished by the Department of Corrections. The Appellee has also asserted a proposition of error and filed a motion to dismiss this appeal. Appellee claims (i) there is no authority which allows the State to appeal, and (ii) granting the State’s appeal would subject him to double jeopardy which is prohibited.

¶ 5 The propositions or issues in this appeal were presented to this Court in oral argument on December 11,1997, pursuant to Rule 11.2(F) of the Rules of this Court. During oral argument, this Court denied Ap-pellee’s motion to dismiss by a four to one (4-1) vote. The substantive issues presented in this proceeding were taken under advisement.

I.

¶ 6 We must first address Appellee’s motion to dismiss this appeal. Appellee is correct that the State can only bring this appeal if it is authorized by one of the limited instances listed in Section 1053 of Title 22 of the Oklahoma Statutes.1 This statutory authority cannot be enlarged by construction. State v. Hammond, 775 P.2d 826, 828 (Okl.Cr.1989). The Legislature has not written Section 1053 with an express provision for the State to appeal from an order of the trial court sustaining a plea of former jeopardy and dismissing the defendant. The question is whether this appeal falls within one of the authorized appeals.

¶ 7 The State first argues the appeal falls under Section 1053(1) because the District Court’s ruling in this case was, in effect, a quashing of the Information. However, as Appellee points out the District Court’s ruling was not entered as a result of a motion to quash or set aside the indictment or information. This Court has previously interpreted Section 1053(1) in light of 22 O.S.1991, § 493, insofar as Section 493 is the only statutory authority for the quashing or setting aside of an indictment or information. Hammond, 775 P.2d at 828. In Hammond, this Court determined that a trial court’s granting of a motion to quash for insufficient evidence does not fall within the statutory language allowing the state to appeal a judgment for the defendant on quashing or setting aside an information, and cannot be appealed under Section 1053(1). Id. If a trial court’s granting of a motion to quash for insufficient evidence does not fall within Section 1053(1), then likewise, the District Court’s granting of Appellee’s plea of former jeopardy cannot fall within the statutory language allowing the State to appeal judgment for the defendant on quashing or setting aside an information, and cannot be appealed under Section 1053(1).

¶ 8 In the alternative, the State argues it can appeal on a reserved question of law under Section 1053(3). To pursue such an appeal, there must be a judgment of acquittal or an order of the court which expressly bars further prosecution. E.g., [993]*993Hammond, 775 P.2d at 828; State v. Lemmon, 574 P.2d 1057, 1059 (Okl.Cr.1978). In this ease, the District Court found Appellee’s double jeopardy rights were being violated and held that further prosecution of Case No. CF-96-71 was barred. Such a situation is distinguishable from those in Hammond and Lemmon where the trial court suppressed evidence but could not bar the State from further prosecuting the defendant. Hammond, 775 P.2d at 828; Lemmon, 574 P.2d at 1059; see also, State v. Robinson, 544 P.2d 545(Okl.Cr.1975). Moreover, although the District Court order is not correct in its analysis of the law of double jeopardy as is discussed below, it is an order which expressly bars further prosecution of Case No. CF-96-71. Therefore, there is no limitation precluding the State from appealing, on a reserved question of law, the District Court’s order holding that the State’s criminal prosecution of Appellee was a violation of double jeopardy, and that Appellee and Case No. CF-96-71 should be dismissed.

¶ 9 Appellee argues that because the State is praying for reversal of the District Court order and reinstatement of the charges, the State is acknowledging there has not been an order of the court which expressly bars further prosecution. However, the relief the State prays for will not be dispositive of the legal status of this case. Appellee also argues the State is required to announce in open court the question of law it intends to appeal before it can bring an appeal on a reserved question of law. State v.Shepherd, 840 P.2d 644 (Okl.Cr.1992), cited by Appellee in support of this argument, does not require the State to announce the specific question of law it is reserving for appeal, but prohibits the formulation of questions by the State and/or the trial judge after the State has rested its case. Shepherd, 840 P.2d at 647.

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State v. Campbell
1998 OK CR 38 (Court of Criminal Appeals of Oklahoma, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
1998 OK CR 38, 965 P.2d 991, 69 O.B.A.J. 2898, 1998 Okla. Crim. App. LEXIS 46, 1998 WL 635472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-campbell-oklacrimapp-1998.