State of Oklahoma v. Jimmy Dale Jackson, Jr.

Norman, Oklahoma, criminal defense lawyer represented the Defendant in a revocation action.

Relying on 22 O.S.Supp.2019, § 991b(B), Appellant first argues that the trial court erred when it revoked more than six months of his suspended sentence based solely on "technical violations" of his probation. Because Appellant did not raise this objection below, review is for plain error. Parker v. State, 2021 OK CR 17, ¶ 16, 495 P.3d 653, 660.

Section 991b(B) of Title 22 limits a trial court's authority to revoke a suspended sentence for a "technical violation" to not more than six months for a first revocation and five years for a second or subsequent revocation. 22 O.S.Supp.2019, § 991b(B). All violations of court-imposed rules and conditions of probation are "technical violations," other than the eight exceptions enumerated in Section 991b(C). See 22 O.S.Supp.2019, § 991b(C). The State argues that because Appellant committed probation violations that fall within one such exception, namely, "violation of the Specialized Sex Offender Rules," see § 991b(C)(8), the limitation of Section 991b(B) does not apply here.

The revocation of Appellant's suspended sentence in Washington County District Court Case No. CF-2009-303 is AFFIRMED and this case is REMANDED to the trial court for entry of an order modifying the order of revocation to six months. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2022), the MANDATE is ORDERED issued upon the filing of this decision.