IN RE: REVISION OF PORTION OF THE RULES OF THE COURT OF CRIMINAL APPEALS (2025)

ORDER ADOPTING AMENDMENTS TO EXISTING FORMS AND ADOPTING NEW FORM

¶1 We find that a new Form should be adopted and certain existing Forms revised due to the Sentencing Modernization Act of 2024 as well as several needed updates. To that end, we find that amending Forms 13.8 and 13.10; and the creation of Form 13.18 is necessary. Pursuant to the provisions of Section 1051(B) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate, and republish portions of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2025), as set forth in the following attachment (strikethrough denotes deleted words, underline denotes added words).

¶2 IT IS SO ORDERED, ADJUDGED, AND DECREED that these revisions shall become effective on the date of this order.

¶3 IT IS SO ORDERED.

¶4 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this ___12th______ day of September, 2025.

GARY L. LUMPKIN, Presiding Judge

WILLIAM J. MUSSEMAN, Vice Presiding Judge

DAVID B. LEWIS, Judge

ROBERT L. HUDSON, Judge

SCOTT ROWLAND, Judge

ATTEST:

Form 13.8 Uniform Judgment and Sentence

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HEARING ON ABILITY TO PAY AFTER INCARCERATION

( The defendant shall report to the District Court of ________________ County within ______days ) of release for a hearing on the defendant's ability to pay fines and costs pursuant to Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S., Ch. 18, App.

IT IS FURTHER ORDERED that judgment is hereby entered against the Defendant as to the fines, costs and assessments set forth above.

The Court further advised the Defendant of his/her rights and procedure to appeal to the Court of Criminal Appeals of the State of Oklahoma, and that if he/she desired to appeal and was unable to afford counsel and a transcript of the proceedings, that the same would be furnished by the State subject to reimbursement of the cost of representation in accordance with Sec. 1355.14 of Title 22. The Court further advised the Defendant that, in the event the above sentence is for a crime involving domestic violence where the Defendant is or was a spouse, intimate partner, parent, or guardian of the victim or is or was involved in another similar relationship with the victim it may be unlawful for him or her to possess, purchase, receive, transport or ship a firearm including a rifle, pistol or revolver or ammunition pursuant to federal law under 18 U.S.C. Section 922(g)(8) or (9), or state law, or both.

In the event the above sentence is for incarceration in the Department of Corrections, the Sheriff of _____________________ County, Oklahoma, is ordered and directed to deliver the Defendant to the Lexington Assessment and Reception Center at Lexington, Oklahoma, and leave therewith a copy of this Judgment and Sentence to serve as warrant and authority for the imprisonment of the Defendant as provided herein. A second copy of this Judgment and Sentence to be warrant and authority of the Sheriff for the transportation and imprisonment of the Defendant as herein before provided. The Sheriff to make due return to the Clerk of this Court, with his proceedings endorsed thereon.

COURT CLERK'S DUTY

[trial judge to complete this section]

IT IS FURTHER ORDERED that the Clerk of this Court shall register or report the following circumstances in accordance with the applicable statutory authority:

( ) As to Count(s) _____, the defendant is ineligible to register to vote and the Clerk of this Court shall submit a report pursuant to Section 4-120.4 of Title 26. pursuant to Section 4-101 of Title 26.

( ) As to Count(s) _______, Pursuant to Section 985.1 of Title 22, the Court departed from the mandatory minimum sentence of imprisonment and the Clerk of this Court shall submit a report pursuant to Section 985.2. as to Count(s) _______.

( ) As to Count(s)_____, the defendant is subject to the Mary Rippy Violent Crime Offenders Registration Act and the Clerk of this Court shall forward registration information, including Form 13.18 if applicable, as set forth in Section 597 of Title 57. requirements as set forth in Section 594 of Title 57.

( ) As to Count(s)_____, the defendant is subject to the Methamphetamine Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 2-701 of Title 63. as set forth in Section 2-701 of Title 63.

( ) As to Count(s) _______, the defendant is subject to the Sex Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 582.2 of Title 57.

( ) Defendant is a lawyer and certified copies of this document shall be transmitted to the Chief Justice of the Supreme Court and the General Counsel of the Bar Association within five (5) days as set forth in Section Rule 7.2 of the Oklahoma Rules Governing Disciplinary Proceedings of Professional Conduct, 5 O.S.Supp.2014, ch. 1, app. 1-A.

Witness my hand the day and year first above mentioned.

JUDGE OF THE DISTRICT COURT

(SEAL)

(Name of Judge Typed)

ATTEST:

Court Clerk

Deputy Clerk

CLERK'S CERTIFICATION OF COPIES

I,_________________, Clerk of the District Court of __________________County, State of Oklahoma, do hereby certify the foregoing to be true, correct, full and complete copy of the original Judgment and Sentence in the case of the State of Oklahoma vs._______________________ as the same appears of record in my office.

WITNESS my hand and official seal this ________day of ____________ 20_____. (SEAL)

By:

Court Clerk _________________________________________________ Deputy Court Clerk

SHERIFF'S RETURN

I received this Judgment and Sentence the ______ day of ______________ 20______, and executed it by delivering the Defendant to the Warden of the ___________________________ Lexington Assessment and Reception Center at _______________________ Lexington, Oklahoma, on the _________________day of _________________, 20____.

I also certify the above prisoner has served ________ days in the County Jail on the present charge or charges.

Sheriff

Deputy Sheriff

Form 13.10 Uniform Plea of Guilty - Summary of Facts

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13. Have you previously been convicted of a felony? If so, when, where and for what felony/felonies? _______________________________________ _ _________________________________________________________ _________________________________________________________

14. ____ (Check if applicable) Do you understand you are subject to the Delayed Yes No 13. Sentencing Program for Young Adults and what that sentencing program involves?

(Check if applicable) Do you understand that upon a conviction on a plea of guilty Yes No to the offense(s) of you will be required to serve a minimum sentence of:

85% of the sentence of imprisonment imposed before being eligible for parole consideration and are not eligible for earned or other type of credits which will Yes No have the effect of reducing the length of sentence to less than 85% of the sentence imposed?

% of the sentence of imprisonment imposed or received prior to becoming eligible for state correctional earned credits toward completion of your sentence or Yes No eligibility for parole?

(Check if applicable) Do you understand that a conviction on a plea of guilty to the offense(s) of will subject you to mandatory compliance with the Oklahoma Yes No Sex Offender Registration Act?

(Check if applicable) Do you understand that any person sentenced to imprisonment for two (2) years or more for the offense(s) of _______________________________________, involving sexual abuse, sexual Yes No exploitation, or illegal sexual conduct, shall be required to serve a term of post-imprisonment supervision for at least three (3) years under conditions determined by the Department of Corrections Court in addition to the actual term of imprisonment. There will be no post-imprisonment supervision for a sentence of life or life without the possibility of parole for offenses involving sexual abuse, sexual exploitation, or illegal sexual conduct.

(Check if applicable) Do you understand that a conviction on a plea of guilty to the offense(s) of will subject you to mandatory compliance with the Oklahoma Methamphetamine Offender Registry Act? Yes No

(Check if applicable) Do you understand that a conviction on a plea of guilty to the offense(s) of will subject you to mandatory compliance with the Mary Rippy Violent Crime Offenders Registry Act? [If receiving a deferred or suspended sentence, complete Form 13.18.] Yes No

14. Applicable to Sentencing Modernization Act Class C/D crimes, with exceptions: Do you understand that you will be required to serve a minimum percent of the Yes No sentence imposed before release from custody, including release to electronic monitoring pursuant to the Sentencing Modernization Act in the following Count(s): _______________________________________________________?

Applicable to 21 O.S. § 13.1 crimes: Do you understand that you will be required to serve a minimum of 85% of the Yes No sentence of imprisonment imposed before being eligible for parole consideration and are not eligible for earned or other type of credits which will have the effect of reducing the length of sentence to less than 85% of the sentence imposed in the following Count(s): ____________________________________________?

Applicable to statute specific percent requirement crimes not covered above: Do you understand that you will be required to serve a minimum of ______% of Yes No the sentence of imprisonment imposed or received prior to becoming eligible for state correctional earned credits toward completion of your sentence or eligibility for parole in the following Count(s): __________________________________?

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FINES AND COSTS

You are to pay a fine(s), costs, fees and/or restitution to the ______________County District Court Clerk as set out in Addendum E which is attached and made a part of this Order. [NOTE ON USE: District Courts may develop and utilize schedules for payment of fines and costs as appropriate for each district and attach as Addendum E.]

COURT CLERK'S DUTY

[trial judge to complete this section]

IT IS FURTHER ORDERED that the Clerk of this Court shall register or report the following circumstances in accordance with the applicable statutory authority:

( ) As to Count(s) _______, the defendant is ineligible to register to vote and the Clerk of this Court shall submit a report pursuant to Section 4-101 4-120 of Title 26.

( ) As to Count(s) _______, Pursuant to Section 985.1 of Title 22, the Court departed from the mandatory minimum sentence of imprisonment as to Count(s) _______ and the Clerk of this Court shall submit a report pursuant to Section 985.2 of Title 22.

( ) As to Count(s) _______, the defendant is subject to the Methamphetamine Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 2-701 of Title 63.

( ) As to Count(s) _______, the defendant is subject to the Sex Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 582.2 of Title 57.

( ) As to Count(s) _______, the defendant is subject to the Mary Rippy Violent Crime Offenders Act and the Clerk of this Court shall forward registration information, including Form 13.18 if applicable, as set forth in Section 597 of Title 57.

( ) Defendant is a lawyer and certified copies of this document shall be transmitted to the Chief Justice of the Supreme Court and the General Counsel of the Bar Association within five (5) days as set forth in Rule Section 7.2 of the Oklahoma Rules of Professional Conduct Governing Disciplinary Proceedings, 5 O.S.Supp.2014, ch. 1, app. 1-A.

“NOTICE OF RIGHT TO APPEAL”

Sentence to Incarceration, Suspended or Deferred:

To appeal from this conviction, or order deferring sentence, on your plea of guilty, you must file in the District Court Clerk's Office a written Application to Withdraw your Plea of Guilty within ten (10) days from today's date. You must set forth in detail why you are requesting to withdraw

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Citationizer© Summary of Documents Citing This Document

Cite Name Level None Found. Citationizer: Table of Authority Cite Name Level Title 21. Crimes and Punishments Cite Name Level 21 O.S. 13.1, Required Service of Minimum Percentage of Sentence - Offenses Cited Specified 21 O.S. 51.1, Punishment for Second and Subsequent Offenses after Conviction of Discussed at Length Offense Punishable by Imprisonment in State Penitentiary Cite Name Level 21 O.S. 20A, Short Title - Felony Classification System Discussed at Length Title 57. Prisons and Reformatories Cite Name Level 57 O.S. 597, Notice to Person Subject to Act Upon Release - Promulgation of Rules - Cited Coordination With Other States