ORDER ADOPTING REVISION IN AND RE-PUBLISHING PORTIONS OF RULE 3.5 AND RULE 11.2, TOGETHER WITH FORM 13.8(A) AND FORM 13.12 OF THE RULES OF THE COURT OF CRIMINAL APPEALS
¶1 Pursuant to the provisions of Section 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and re-publish portions of Rule 3.5 and Rule 11.2, together with Form 13.8(A) and Form 13.12 of the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.Supp,1997, Ch. 18., App, as set out in the attachment to this order. This revision shall become effective on the date of this order.
IT IS SO ORDERED.
WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 3rd day of September, 1998.
/s/ Charles S. Chapel
CHARLES S. CHAPEL, Presiding Judge
/s/ Reta M. Strubhar
RETA M. STRUBHAR, Vice Presiding Judge
/s/ Gary L. Lumpkin
GARY L. LUMPKIN, Judge
/s/ James F. Lane
JAMES F. LANE, Judge
/s/ Charles A. Johnson
CHARLES A. JOHNSON, Judge
ATTEST:
/s/ James Patterson
Clerk
RULE 3.5(C) IS AMENDED AS FOLLOWS:
(1) No change
(2) No change
(3) No change
(4) No change
(5) Citation to Oklahoma Uniform Jury Instructions - Criminal (Second) shall be as follows: Instruction No. ____, OUJI-CR(2d); and citation to revised instructions shall be noted with the addition of (Supp. _____).
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(6) Previous paragraph (5) renumbered as paragraph (6).
RULE 3.5(E) IS AMENDED AS FOLLOWS:
Type size. Briefs and pleadings shall not use more than 12 characters per inch in the body of the document, and 17 characters per inch in footnotes.
RULE 11.2(A)(1) IS AMENDED AS FOLLOWS:
(1) Misdemeanors, provided however, all appeals from a denial to withdraw plea of guilty shall be perfected in accordance with Section IV, Rule 4.1 et seq.;
Form 13.12 Report of Trial Judge in Capital Felony-(Revised Effective 1 September 1998)
[To be completed by Trial Judge, or completed form reviewed, on the record at time of formal sentencing and filed of record in the case pursuant to 21 O.S.1991 701.13(A)]
IN THE DISTRICT COURT OF ________________ COUNTY
THE STATE OF OKLAHOMA
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THE STATE OF OKLAHOMA, |
) |
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CAPITAL FELONY
REPORT OF THE TRIAL JUDGE
A. Data Concerning the Defendant
A separate report must be submitted for each defendant sentenced to death.
1. Name _____________________________________________________________________
Last First Middle
2. Date of Birth _______________________________
Mo. Day Yr.
3. Social Security Number ______________________________________
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4. Sex: |
[ ] M |
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B. Representation of Defendant*
1. Date counsel secured: ________________________________________
2. How was counsel secured?
[ ] Retained by defendant
[ ] Appointed by court
3. If counsel was appointed by court was it because:
[ ] Defendant unable to afford counsel?
[ ] Defendant refused to secure counsel?
[ ] Other (explain) ______________________________________________________
4. How many years has counsel practiced law?
[ ] 0 to 5
[ ] 5 to 10
[ ] over 10
5. What is the nature of counsel's practice?
[ ] Mostly civil
[ ] General
[ ] Mostly criminal
6. Did the same counsel serve throughout the trial?
[ ] Yes [ ] No
7. If not, explain in detail ____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
8. Trial Court comments regarding defense counsel's representation: __________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
* If more than one counsel served, answer the above questions as to each counsel and attach to this report.
C. General Considerations
1. Was race raised by the defense as an issue in the trial?
[ ] Yes [ ] No
If yes, explain: ___________________________________
2. Did race otherwise appear as an issue in the trial?
[ ] Yes [ ] No
If yes, explain: ___________________________________
3. What percentage of the population of your county is the same race as the defendant?
[ ] Under 10%
[ ] 10 to 25%
[ ] 25 to 50%
[ ] 50 to 75%
[ ] 75 to 90%
[ ] Over 90%
4. Were members of defendant's race represented on the jury?
[ ] Yes [ ] No
5. Was there extensive publicity in the community concerning this case?
[ ] Yes [ ] No
If yes, explain: ___________________________________
D. Trial Judge's Comments on Appropriateness of Sentence
1. Is there anything in the pretrial proceedings, the trial, or the sentencing which would cause you to question the appropriateness of the death sentence being imposed on this case? _________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. If you question the appropriateness of the death sentence in this case, what would be your recommendation as to sentence?_______________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
This report was submitted to the defendant's counsel for such comments as he desired to make concerning the factual accuracy of the report, and
[ ] His comments are attached.
[ ] He stated he had no comments
[ ] He has not responded
_______________________ ____________________________________________________
Date JUDGE, District Court, _____________________County
Form 13.8(A) Additional Findings at Time of Sentencing
[At the time of formal sentencing the sentencing judge, on the record, shall either complete the additional findings or review a form 13.8(A) which has been completed by the parties to ensure its accuracy. Upon completion of the form it shall be ordered filed of record and be attached as Exhibit 1 to the Uniform Judgment and Sentence filed in the case. In accordance with House Concurrent Resolution No. 1001, dated June 19, 1998, references to a sentence matrix refer to the Oklahoma Truth in Sentencing Act.]
EXHIBIT 1: Additional Findings of the Court to Case No. _______
in the District Court of _______ County
I. Original Charges
(a copy of the information may be attached instead)
Please list any additional charges on a separate attached sheet
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Offense |
Statute Citation |
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______________________________________________________________ |
_______________________ |
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______________________________________________________________ |
_______________________ |
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______________________________________________________________ |
_______________________ |
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______________________________________________________________ |
_______________________ |
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______________________________________________________________ |
_______________________ |
II. Prior Felony Convictions Used For Enhancement
Please list any additional convictions on a separate attached sheet
|
Offense |
Date |
Statute Citation |
|
_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
III. Prior Charge(s) For Which Order Deferring Sentence Was Entered
Please list any additional charges on a separate attached sheet
|
Offense |
Date |
Statute Citation |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
IV. Prior Felony Convictions Not Used For Enhancement
Please list any additional convictions on a separate attached sheet
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Offense |
Date |
Statute Citation |
|
_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
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_______________________________________________ |
_____________ |
_______________________ |
V.
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Circle |
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If the defendant plead guilty to multiple counts, did the offense(s) arise from the same transaction? |
Yes No |
VI. Other Enhancers Used to Determine Placement on Matrix
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|
Circle |
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1. Did the offender commit the current offense with the use of a firearm within the immediate possession and control of the offender? |
Yes No |
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2. Was the victim of the offense over 62 years of age, under 12 years of age, or disabled by reason of mental or physical Illness to such an extent that the victim lacked the ability to effectively protect his or her property or person? |
Yes No |
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3. Did the offender in the commission of the offense maim or torture the victim? |
Yes No |
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4. Did the offender commit a Schedule N-2 or N-3 drug offense in, on, or within 1,000 feet of real property comprising of a public or private elementary or secondary school; public or private college, university, or other institution of higher education; recreation or public park (including state facilities); public housing project; or in the presence of any child under 12 years of age? |
Yes No |
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5. Did the offender commit a Schedule N-2 or N-3 drug offense by using or soliciting the services of a person less than 18 years of age, providing the offender was at least 18 years of age at the time of the offense? |
Yes No |
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6. If the controlling offense was a property or drug offense, what was the total amount involved in that offense (e.g., the value of the property involved; the amount of money stolen, embezzled, or obtained by fraud; or the amount of drug proceeds utilized)? |
$ ____________________ |
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7. If the controlling offense was a drug offense, what was the predominant drug and what was the amount of that drug (specify, grams, ounces, etc)? |
Drug: ________________ Quantity:_____________ |
VII. Offender Characteristics
(A copy of the pre-sentence investigation may be attached instead.)
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Gender (Circle) |
Race (Circle) |
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Male Female |
White Black Hispanic Asian Native Am. |
This Exhibit shall not be admitted into evidence in any future prosecutions.
Certified this ______ day of _____________, ____.
___________________________
Attorney for State
___________________________
Attorney for Defendant
______________________________________
Judge of the District Court