State v. District Court of Oklahoma County, PR-2006-1305.

Citation2007 OK CR 3,154 P.3d 84
Decision Date20 February 2007
Docket NumberNo. PR-2006-1305.,PR-2006-1305.
PartiesThe STATE of Oklahoma, Petitioner v. The DISTRICT COURT OF OKLAHOMA COUNTY, The Honorable D. Fred Doak, Special Judge, Respondent.
CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
ORDER DENYING REQUEST FOR ORAL ARGUMENT, DENYING REQUEST FOR WRIT OF PROHIBITION AND LIFTING STAY OF PROCEEDINGS

¶ 1 On December 19, 2006, Petitioner, the State of Oklahoma, by and through Assistant District Attorney, Patrick M. Garrison, Oklahoma County, filed a Petition for Writ of Prohibition in Case No. CF-2006-5046 in the District Court of Oklahoma County. The State requests this Court issue a Writ of Prohibition preventing the District Court of Oklahoma County, the Honorable D. Fred Doak, Special Judge from "proceeding with the consideration of Youthful Offender Study in the subject case." Petitioner's Application for Writ of Prohibition is DENIED.

¶ 2 On July 15, 2006, Dawan Gillbreath was shot and killed. On August 3, 2006, the State filed First Degree Murder charges against defendants Earnest Martel Ogles, 17, Cordarell M. Ogles, 16 and Cornelius Montrell Ogles, 15. On August 7, 2006, the Oklahoma Public Defender filed Motions for Certification as a Juvenile and Motions for Certification as a Youthful Offender on behalf of each defendant. On August 10, 2006, Judge Doak set the matter for preliminary hearing (October 20, 2006) and ordered the Office of Juvenile Affairs (O.J.A.) to prepare a certification study on each defendant.

¶ 3 On September 18, 2006, the State, in conjunction with O.J.A., filed a Motion to Reconsider, seeking reconsideration of Judge Doak's original order granting the request for a certification study. The State and O.J.A alleged that in light of Senate Enrolled Bill 1760 (Amendments to 10 O.S. §§ 7306-2.2 and 7306-2.5) signed into law on June 17, 2006, effective July 1, 2006, the defendants were no longer entitled to seek certification as either juveniles or youthful offenders. The applicable statutory amendment eliminated the provision allowing persons over the age of 14 charged with First Degree Murder to seek Youthful Offender status. See, Senate Enrolled Bill 1760, Amendments to 10 O.S. §§ 7306-2.2 and 7306-2.5. The amendment required that individuals aged 15, 16 and 17 charged with First Degree Murder be tried as adults.

¶ 4 On November 22, 2006, Judge Doak denied the motion, finding that Senate Enrolled Bill 1765, Amendments to 10 O.S. §§ 7306-2.2 and 7306-2.5, also signed into law on June 17, 2006 (two minutes after the signing of Senate Enrolled Bill 1760) retained the provision allowing persons aged 13 through 17 charged with First Degree Murder to seek certification as a youthful offender. The District Court noted that the statutes appeared to be contradictory, and directed that certification studies be conducted on all three defendants until the matter could be further clarified by this Court. Judge Doak directed O.J.A. to report to him concerning the status of the certification studies on December 20, 2006.

¶ 5 The State argues that the amended statute clearly excludes the defendants from the class of individuals allowed to seek Youthful Offender certification and requests this Court reverse the District Court's directive ordering that certification studies be conducted.

¶ 6 On December 20, 2006, this Court issued an order directing the respondent, the Honorable D. Fred Doak, Special Judge, or his designated representative, to file a response to Petitioner's application. The Respondent was directed to address Petitioner's claim that the defendants are not entitled to seek certification as Youthful Offenders in light of the Senate Enrolled Bill 1760 amendments to 10 O.S. §§ 7306-2.2 and 7306-2.5. The response was filed January 17, 2007. We now address Petitioner's application for extraordinary relief.

¶ 7 Although the two amendments to 10 O.S. §§ 7306-2.2 and 7306-2.5 signed into law contain conflicting provisions, the State argues rules of statutory construction require that the amendments be construed together, instead of finding that one statute repeals the other.1 While the latest enactment of a statute will generally prevail, the State argues that in construing statutes passed in the same session of the Legislature, and at nearly the same time, there is a strong presumption against implied repeals.2

¶ 8 The State claims the amended provisions of 10 O.S. §§ 7306-2.2 and 7606-2.5 do not conflict. Rather, it argues that the two amendments change separate provisions of the same statute, and in no way indicate that the enactment of the second amendment was meant to nullify the provision in the first amendment changing the age of Youthful Offender status for individuals charged with First Degree Murder. If the second statutory amendment does not nullify the change made by the first statutory amendment, then the defendants charged with First Degree Murder in Case No. CF-2006-5046 are not eligible to seek Youthful Offender Status, and the District Court's order that a Youthful Offender certification study be conducted should be prohibited.

¶ 9 The response to the State's application was filed by the Oklahoma County Public Defender's office (counsel for defendants Earnest Ogles and Cornelius Ogles) and Scott Adams (counsel for defendant Cordarell Ogles), on behalf of the Respondent. In addition to responding to the application, counsel requested that this matter be set for oral argument. The request for oral argument is DENIED.

¶ 10 Respondents argue that Senate Bill 1760 and 1765 are in direct conflict with each other, and cannot be reconciled. Because Senate Bill 1765 was passed by the Legislature and signed into law by the Governor after Senate Bill 1760, the provisions in Senate Bill 1765 are controlling, and constitute current law. Under the provisions of Senate Bill 1765, the defendants are still entitled to seek certification as Youthful Offenders.

¶ 11 Respondents further claim that pursuant to Oklahoma law, when two statutes affecting or amending the same provisions of any code, title, chapter or article are in conflict, the provisions of latter amendment prevail as to all matters and questions arising because of that conflicting language. See, 75 O.S. § 22.3 Because Senate Bill 1765 was enacted after Senate Bill 1760, and the two contain conflicting provisions, Senate Bill 1765 controls, as it was the most recently enacted. Finally, Respondents contend that the courts are required to give deference to the Legislature's actions, construing statutory enactments based upon the presumption that the Legislature has not created an absurdity or done a vain or useless act. In applying rules of statutory construction to criminal matters, Respondents argue that criminal statutes must be strictly construed, and cannot be enlarged by implication beyond the fair meaning of the language used by the Legislature. The Legislature's intent can and should be ascertained from the plain language of latest statute passed addressing the matter.

¶ 12 For a writ of prohibition, Petitioners must establish (1) a court, officer or person has or is about to exercise judicial or quasi-judicial power; (2) the exercise of said power is unauthorized by law; and (3) the exercise of said power will result in injury for which there is no other adequate remedy. Rule 10.6(A), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2007). We find that Petitioners have not met this burden, and the request for a Writ of Prohibition is therefore DENIED.

¶ 13 The statutory amendments which precipitated the filing of this writ are Senate Bill 1760 and Senate Bill 1765, both signed into law June 17, 2006, both having effective dates of July 1, 2006.4 The text of Senate Bill 1760 reads as follows (in pertinent part) at § 7306-2.2:

A. For the purposes of the Youthful Offender Act:

1. "Youthful offender" means a person:

a. thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 7306-2.5 of this title, ...

and at § 7306-2.5:

A. Any person thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree shall be held accountable for his or her act as if the person was an adult; provided, the person may be certified as a youthful offender or a juvenile as provided by this section, unless the person is subject to the provisions of subsection F of Section 7306-2.4 of this title.

B. Any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with murder in the first degree at that time shall be held accountable for his or her act as if the person was an adult and shall not be subject to the provisions of the Youthful Offender Act or the provisions of the Juvenile Code for certification as a juvenile. The person shall have all the statutory rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply. A person having been convicted as an adult pursuant to this paragraph shall be tried as an adult for every subsequent offense.

The text of Senate Bill 1765 reads as follows (in pertinent part) at § 7306-2.2:

A. For the purposes of the Youthful Offender Act:

1. "Youthful offender" means a person:

a. thirteen (13), fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 7306-2.5 of this title, . . .

and at § 7306-2.5:

A. Any person thirteen (13), fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with murder in the first degree shall be held accountable for the act as if the person were an adult; provided, the person may be certified as a youthful offender or a juvenile as provided by this section, unless the person is subject to the...

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