State of Oklahoma v. Dale Austin Shelton

Pauls Valley, Oklahoma criminal defense lawyer was charged with first degree rape in violation of 21 O.S. 1114.

Reported by: Kent Morlan

It is apparent from a review of the record that the Juvenile Court did properly take into consideration the guidelines set out by 10 O.S. 1971 § 1112 [10-1112], in reaching its decision to certify the defendant. This Court stated in J.T.P. v. State, Okl.Cr., 544 P.2d 1270 (1975), in the construction of 10 O.S. 1971 § 1112 [10-1112], that:

"It is, of course, not necessary that the court's consideration be arithmetically proportioned among these eight factors or that each of the statutory factors be clearly decided against the claim of the child. We interpret Section 1112(b) to require two ultimate findings as prerequisite to a valid certification order. The first of these is a finding that there is prosecutive merit to the complaint, which statutory phrase we construe to require a finding that a crime has been committed and that there is probable cause to believe that the accused child committed it. The second ultimate finding required is that the child is not a fit subject for rehabilitation by the facilities and programs available to the juvenile court." at 1279 (Footnote omitted)

Of course, such finding will involve a consideration of varying emphasis of all of the factors.

The defendant was tried by a jury, convicted and sentenced to the State penitentiary for a term of five (5) years.

REVERSED and the case is REMANDED for a new trial on a reduced charge of Rape in the Second Degree.