State ex rel. Macy v. Jackson
| Decision Date | 17 February 1983 |
| Docket Number | No. O-81-405,O-81-405 |
| Parties | The STATE of Oklahoma, ex rel., Robert H. MACY, District Attorney of Oklahoma County, Oklahoma, Appellant, v. William T. JACKSON, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The State is seeking to appeal a decision of the District Court of Oklahoma County, sustaining the appellee's "motion to quash the information" in Case No. CRF-80-3999. The district judge ruled that Jackson had been illegally arrested and therefore any evidence obtained pursuant to the illegal arrest should be suppressed.
The State apparently seeks to appeal the district court's decision under the authority of Title 22 O.S.1981, § 1053(1). This statutory section, however, does not authorize the State to appeal a district court ruling dismissing the information based upon insufficient evidence as a result of a suppression of the evidence. Section 1053(1) merely allows the State to appeal from a district court's ruling setting aside an indictment pursuant to Title 22 O.S.1981, § 493. State v. Patton, 637 P.2d 1266 (Okl.Cr.1981).
In this case, the district court's action does not bar the State from refiling another information for the same offense. Title 22 O.S.1981, § 817. Therefore, since the district court's ruling does not constitute a final order, the State has no standing to appeal pursuant to 22 O.S.1981, § 1053. State v. Tieman, 626 P.2d 1360 (Okl.Cr.1981).
IT IS THEREFORE THE ORDER OF THIS COURT that the above styled and numbered cause be DISMISSED.
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State v. Hammond, S-87-994
...§ 493, setting aside an information or indictment, or 22 O.S.1981, § 504, a demurrer to the information. State ex rel. Macy v. Jackson, 659 P.2d 361, 362 (Okla.Crim.App.1983); State ex rel. Fallis v. Patton, 637 P.2d 1266, 1267 (Okla.Crim.App.1981); Still v. Dalton, 624 P.2d 76, 78 (Okla.Cr......
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...prosecution had been rendered by the municipal court, an appeal on a reserved question could not lie. See State ex rel. Robert H. Macy v. Jackson, 659 P.2d 361, 362 (Okl.Cr.1983). Appellant then filed a petition for rehearing. On June 22, 1988, this Court granted the petition, reversing its......
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State v. Love
...from further prosecution. Hammond v. State, 1989 OK CR 25, ¶ 9, 775 P.2d 826, 828; State ex rel. Macy v. Jackson, 1983 OK CR 23, ¶ 3, 659 P.2d 361, 362. As there was no judgment of acquittal or an order of the court which expressly bars further prosecution, the State could not appeal on a r......
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City of Oklahoma City v. Leonard
...the district court dismissed the case without prejudice, and therefore this appeal should be dismissed. See State ex rel. Macy v. Jackson, 659 P.2d 361, 362 (Okl.Crim.App.1983). The majority recites no authority for ignoring the foregoing precedent and treating the attempted appeal as an ap......