GG v. State, No. J 98-1226.

CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
Citation989 P.2d 936,1999 OK CR 7
Decision Date02 March 1999
PartiesG.G., Appellant, v. STATE of Oklahoma, Appellee.
Docket NumberNo. J 98-1226.

989 P.2d 936
1999 OK CR 7

G.G., Appellant,
v.
STATE of Oklahoma, Appellee

No. J 98-1226.

Court of Criminal Appeals of Oklahoma.

March 2, 1999.


989 P.2d 937
ACCELERATED DOCKET ORDER

¶ 1 Appellant, born March 4, 1982, was charged by Information as a Youthful Offender with Shooting With Intent to Kill in the District Court of Oklahoma County, Case No. CF-98-0512. Appellant's motion for certification to the juvenile system was denied July 6, 1998, and Appellant was ordered to stand trial as a Youthful Offender. The denial of certification to the juvenile system was not appealed to this Court.

¶ 2 On July 6, 1998, pursuant to Section 7306-2.8 of Title 10, the State then filed in the District Court a Motion for Imposition of an Adult Sentence. Following a hearing on October 15, 1998, the State's motion was granted by the Honorable Virgil C. Black, District Judge. Appellant appeals from the order of the District Court granting the State's motion.

¶ 3 On appeal, Appellant raises two propositions of error:

1. The District Judge abused his discretion in refusing to apply relevant portions of the Youthful Offender Act, 10 O.S. Section 7306-2.1.
2. The District Judge abused his discretion in sustaining the State's motion to impose adult sentence.

¶ 4 This appeal was automatically assigned to the Accelerated Docket of this Court. The propositions were presented to this Court in oral argument January 14, 1999, pursuant to Rule 11.2(F), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (1998). At the conclusion of oral argument, the parties were advised of the decision of this Court.

¶ 5 The testimony at the preliminary hearing was that Appellant, fifteen at the time, allegedly shot Charles Campbell. Appellant arrived at Campbell's girlfriend's house in a car driven by Jimmy Robinson a/k/a "Ghost". Ghost was bringing his girlfriend to fight Campbell's girlfriend. However, Campbell wanted to fight Ghost because Ghost had given Campbell's cousin's girlfriend gonorrhea who in turn had given the disease to Campbell's cousin. Campbell walked towards Ghost's car and told Ghost to "get out of the damn car" and called him a "bitch". Appellant, whom Campbell did not know, then exited the car, pulled out a gun and shot Campbell in the left eye brow. Campbell is now blind in his left eye.

¶ 6 The Youthful Offender Act [Act] became effective January 1, 1998. See 10 O.S.Supp.1997, § 7306-2.1. The purpose of the Act is clearly set out in Section 7306-2.2(B) wherein it states:

It is the purpose of the Youthful Offender Act to better ensure the public safety by holding youths accountable for the commission of serious crimes, while affording courts methods of rehabilitation for those youths the courts determine, at their discretion, may be amenable to such methods.
989 P.2d 938
It is the further purpose of the Youthful Offender Act to allow those youthful offenders whom the courts find to be amenable to rehabilitation by the methods prescribed in the Youthful Offender Act to be placed in the custody or under the supervision of the Office of Juvenile Affairs for the purpose of accessing the rehabilitative programs provided by that Office and thereby, upon good conduct and successful completion of such programs, avoid conviction for a crime.

Under this new Act, it is clear that the Legislature seeks to ensure the safety of the community, but at the same time provide viable methods of rehabilitation for those youths the courts deem may be amenable to such methods. See Section 7306-2.2(B).

¶ 7 Convicted as a "youthful offender", the court may impose sentence in the manner provided by law for an adult for punishment of the offense committed, subject to the power and authority of the court to suspend or delay sentence, defer judgment, or otherwise structure, limit, or modify the sentence. The sentence may not exceed the amount of time of a possible sentence for an adult convicted of the same offense or ten years, whichever is less. 10 O.S.Supp.1997, § 7306-2.9(B).

¶ 8 The Legislature further provided that "[w]henever the district attorney believes that there is good cause to believe that a person charged as a youthful...

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6 practice notes
  • In re M.B., No. 102,908.
    • United States
    • Supreme Court of Oklahoma
    • September 12, 2006
    ...973 P.2d 339; 2) orders certifying or denying an adult sentence: A.J.B v. State, 1999 OK CR 50, 992 P.2d 911; G.G. v. State, 1999 OK CR 7, 989 P.2d 936; 3) orders transferring a youthful offender to the Department of Corrections: B.J.B. v. State, 2004 OK CR 17, 88 P.3d 931; and 4) whether a......
  • Triplet v. Franklin, No. 06-6247 (10th Cir. 2/5/2010), No. 06-6247.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 5, 2010
    ...completion of such programs, avoid conviction for a crime." See Okla. Stat. Ann. tit. 10, § 7306-2.2(B) (2000); see also G.G. v. State, 989 P.2d 936, 937-38 (Okla. Crim. App. 3. The statutes sometimes refer to the Department of Juvenile Justice, which is the branch of the Office of Juvenile......
  • J.T.A. v. State, Case Number: J-2018-13
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 24, 2018
    ...on the record, just as our review is limited to the record presented. Id. ¶ 11 As this Court noted in G.G. v. State, 1999 OK CR 7, ¶ 12, 989 P.2d 936 :The [Youthful Offender] Act creates a presumption that a youthful offender who is tried and found guilty, shall be sentenced as a Youthful O......
  • State v. K.B., JS-2022-348
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 22, 2022
    ...protected if the person were to be sentenced as a youthful offender." 10A O.S.Supp.2018 § 2-5-208(D); G.G. v. State, 1999 OK CR 7, ¶ 12, 989 P.2d 936, 939; J.T.A. v. State, 2018 OK CR 12, ¶ 11, 422 P.3d 778, 781. Only if the trial court makes at least one of these findings by clear and conv......
  • Request a trial to view additional results
5 cases
  • In re M.B., No. 102,908.
    • United States
    • Supreme Court of Oklahoma
    • September 12, 2006
    ...973 P.2d 339; 2) orders certifying or denying an adult sentence: A.J.B v. State, 1999 OK CR 50, 992 P.2d 911; G.G. v. State, 1999 OK CR 7, 989 P.2d 936; 3) orders transferring a youthful offender to the Department of Corrections: B.J.B. v. State, 2004 OK CR 17, 88 P.3d 931; and 4) whether a......
  • Triplet v. Franklin, No. 06-6247 (10th Cir. 2/5/2010), No. 06-6247.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 5, 2010
    ...completion of such programs, avoid conviction for a crime." See Okla. Stat. Ann. tit. 10, § 7306-2.2(B) (2000); see also G.G. v. State, 989 P.2d 936, 937-38 (Okla. Crim. App. 3. The statutes sometimes refer to the Department of Juvenile Justice, which is the branch of the Office of Juvenile......
  • J.T.A. v. State, Case Number: J-2018-13
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 24, 2018
    ...on the record, just as our review is limited to the record presented. Id. ¶ 11 As this Court noted in G.G. v. State, 1999 OK CR 7, ¶ 12, 989 P.2d 936 :The [Youthful Offender] Act creates a presumption that a youthful offender who is tried and found guilty, shall be sentenced as a Youthful O......
  • R.M.J. v. State, No. J-2005-216.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 15, 2006
    ...methods of rehabilitation for those youths the courts deem may be amenable to such treatment. Id.; G.G. v. State, 1999 OK CR 7, ¶ 6, 989 P.2d 936; C.L.F. v. State, 1999 OK CR 12, ¶ 6, 989 P.2d 945. To interpret 10 O.S. § 7306-2.10(D) to mean that failure to conduct a review hearing results ......
  • Request a trial to view additional results

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