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

IN THE DISTRICT COURT OF______________COUNTY

THE STATE OF OKLAHOMA

STATE OF OKLAHOMA, Plaintiff,

vs.

Defendant.

Year of Birth:______________________

Place of Birth: _____________________

Last four digits of SS#:_______________

DOC #: __________________________

Last four digits of DL#: ______________

State of issuance: __________________

Case No.:

JUDGMENT AND SENTENCE

Now, on this______ day of____________, 20____, this matter comes on before the undersigned Judge, for sentencing and the Defendant,____________________, appears personally and by Attorney_____________________, the State of Oklahoma represented by ________________________ and the Defendant, having previously:

( ) Entered a plea of guilty

( ) Entered a plea of Nolo Contendere

( ) Been found guilty by jury

( ) Been found guilty by Judge after waiver of jury trial

( ) Other _________________________________________

To/of the crime(s) of: Statutory Reference

Count ________; ______________________________________ O.S.________

Class _______ Date of Offense: _________________________________

Count _________; _____________________________________ O.S.________

Class _______ Date of Offense: _________________________________

Count _________:______________________________________ O.S._______

Class _______ Date of Offense: _________________________________

Count _________; _____________________________________ O.S.________

Class _______ Date of Offense: _________________________________

Count _________;____________________________________ O.S._________

Class _______ Date of Offense: _________________________________

Count _________;_____________________________________O.S._________

Class ______ Date of Offense:_____________________________ _____

(Attach additional sheet for additional counts or if computerized, add to body of Judgment and Sentence at each appropriate place.)

( ) The defendant has previously been convicted of _____ (insert number) felony crimes and the sentence has been enhanced in accordance with the provisions set forth in ______ O.S. _____________________________________________ ; and,

The defendant's conviction(s) are after (check all that apply):

( ) no prior felony convictions

Count(s) enhanced pursuant to 21 O.S. § 51.1: ____________________________

( ) after one (1) prior felony conviction

( ) after two (2) or more prior felony convictions

List applicable prior felony conviction(s): ________________________________ ________________________________________________________________ ________________________________________________________________

Count(s) enhanced pursuant to 21 O.S. § 20A et seq. (Sentencing Modernization Act):___________________________________________________________

( ) after one (1) or two (2) prior Class C/D felony conviction(s)

( ) after one (1) or more prior Class A/B/Y felony conviction(s) or three (3) or more prior Class

C/D felony convictions

List applicable prior felony conviction(s) (and class)_______________________ ________________________________________________________________ ________________________________________________________________

Count(s) enhanced pursuant to ____ O.S. § __________: ____________________

( ) after ________ prior felony conviction(s)

List applicable prior felony conviction(s): ________________________________ ________________________________________________________________ ________________________________________________________________

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant,

____________________________________________, is guilty of the above described offenses and is sentenced as follows:

TERM OF IMPRISONMENT

COUNT SENTENCED TO A TERM OF (mark percentage as N/A if not applicable):

______ ___________________________________________________ at ________%

______: ___________________________________________________at ________%

_______:___________________________________________________at ________%

_______:__________________________________________________ at ________%

_____: ____________________________________________________ at ________%

_____: ____________________________________________________ at ________%

Under the custody and control of:

( ) Oklahoma Department of Corrections;

( ) the ____________________________________________ County Sheriff; or

( ) other: ________________________________________________________ .

These terms to be served as follows (consecutive/concurrent) (with/without credit for time served):

_____________________.

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Department of Corrections, for a period of:

_____________________

TERM OF IMPRISONMENT WITH EXECUTION OF SENTENCE SUSPENDED IN PART (Attach additional sheet(s) to clarify, if necessary)

_____: ____________________________________________________ at ________%

_____: ____________________________________________________at ________%

_____: ____________________________________________________ at ________%

______ ___________________________________________________ at ________%

_____: ____________________________________________________ at ________%

_____: ____________________________________________________ at ________%

With all except the first ________________ suspended under the custody and control of:

( ) Oklahoma Department of Corrections; or

( ) the _______________________________________________County Sheriff,

pursuant to the rules and conditions of probation entered by the court.

These term(s) to be served as follows (consecutive/concurrent) (with/without credit for time served):

_____________________

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Court, for a period of:

_____________________

TERMS OF IMPRISONMENT WITH EXECUTION OF SENTENCE SUSPENDED (Attach additional sheet(s) to clarify, if necessary)

COUNT SENTENCED TO A TERM OF (mark percentage as N/A if not applicable):

_____: ____________________________________________________ at ________%

_____: ____________________________________________________ at ________%

_____: ____________________________________________________ at ________%

_____: ____________________________________________________at ________%

_____: ____________________________________________________ at ________%

_____: ____________________________________________________ at ________%

Under the custody and control of:

( ) Oklahoma Department of Corrections; or

( ) the _____________________________________________ County Sheriff,

All of said term(s) of imprisonment suspended pursuant to the rules and conditions of probation entered by the court.

These term(s) to be served as follows (consecutive/concurrent) (with/without credit for time served):

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Court, for a period of:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT that in addition to the preceding terms, the Defendant is also sentenced to:

FINE

( ) The defendant shall pay a fine of $__________

( ) immediately; or

( ) on or before _______________, 20_____ at the rate of $________per_________, or within ________ days of release from the Department of Corrections.

( ) payment of $________ is suspended pursuant to Rules and Conditions of probation.

COSTS, VCA, RESTITUTION

( ) The defendant shall pay costs, fees, and restitution in accordance with the schedule attached as Exhibit___________.

RULES AND CONDITIONS OF PROBATION

The rules and conditions of probation as ordered by the court and signed by the defendant, acknowledging

his/her understanding of the rules and conditions, are incorporated as Exhibit __________.

ATTORNEY FEES

( ) The defendant shall pay court-appointed attorney fee in the amount of $________ on or before_____________, 20_____, to ________________________________.

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

IN THE DISTRICT COURT OF_______________________

COUNTY

THE STATE OF OKLAHOMA

STATE OF OKLAHOMA, Plaintiff,

vs.

___________________________, Defendant.

Last four digits of SS# ________________ Last four digits of DL# ______ State ________ Year of Birth _____ Place of Birth__________ Oklahoma DOC # ______________________ _____________________________________

_____________________________________ (Home Address)

Case No.____________________

[NOTE: The trial judge shall ensure the defendant is sworn either prior to completing the Summary of Facts or prior to inquiry by the Court on the Plea. If the defendant is entering a nolo contendere, or other type guilty plea, correct by pen change where term “guilty” used.]

PLEA OF GUILTY

SUMMARY OF FACTS

Part A: Fings of Fact, Acceptance of Plea

CIRCLE 1. Is the name just read to you your true name? Yes No If no, what is your correct name?___________________________ I have also been known by the name(s):_____________________ _____________________________________________________ 2. My lawyer's name is:____________________________________ 3. (a) Do you wish to have a record made of these proceedings by a Court Reporter? Yes No (b) Do you wish to waive this right? Yes No 4. Age:_______Grade completed in school:__________ 5. Can you read and understand this form? (If the answer above is no, Addendum A Yes No is to be completed and attached.) 6. Are you currently taking any medications or substances which affect your ability Yes No to understand these proceedings? 7. Have you been prescribed any medication that you should be taking, but you are Yes No not taking? If so, what kind and for what purpose? _________________ ________________________________________________ 8. Have you ever been treated by a doctor or health professional for mental illness or Yes No confined in a hospital for mental illness? If yes, list the doctor or health professional, place, and when occurred: ________________________________________________________ ________________________________________________________ 9. Do you understand the nature and consequences of this proceeding? Yes No 10. Have you received a copy of the Information and read its allegations? Yes No 11. Does the State move to dismiss or amend any case(s) or count(s) in the Yes No information or on page 2 of the information? If so, set forth the cases/counts dismissed or amended. ___________________________________________________________ ___________________________________________________________ 12. A. Do you understand you are charged with now entering a plea to the following charges: Crime / Statutory Reference / Class Letter and Number (1) _______________________________O.S._________Class_____ _____ Yes No (2) _______________________________O.S._________Class_____ Yes No (3) _______________________________O.S._________Class_____ Yes No (4) _______________________________O.S._________Class_____ Yes No (5) _______________________________O.S._________Class_____ Yes No (6) _______________________________O.S._________Class_____ Yes No For additional charges: List any additional charges on a separate sheet and label as PLEA OF GUILTY ADDENDUM B. B. Are you charged after former conviction of a felony? Do you understand your Yes plea of guilty to the charge(s) is/are after: (check all that apply) No ( ) no prior felony convictions Count(s) enhanced pursuant to 21 O.S. § 51.1:_____________ ( ) after one (1) prior felony conviction ( ) after two (2) or more prior felony convictions List applicable prior felony convictions to which pleading: _______ _____________________________________________________ _____________________________________________________ Count(s) enhanced pursuant to 21 O.S. § 20A et seq. (Sentencing Modernization Act): _____________________________________ ( ) after one (1) or two (2) prior Class C/D felony conviction(s) ( ) after one (1) or more prior Class A/B/Y felony conviction or three (3) or more prior Class C/D felony convictions List applicable prior felony convictions (and class) to which pleading: ______________________________________________ _____________________________________________________ _____________________________________________________ Count(s) enhanced pursuant to ____ O.S. § __: _____________ ( ) after ________ prior felony conviction(s) List applicable prior felony convictions to which pleading: __ _____________________________________________________ _____________________________________________________ If yes, list the felony(ies) charged: _________________________ ____________________________________________________ ____________________________________________________ 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 (Check if applicable) Do you understand that the Court is required to include in the sentence of any person convicted of a felony and sentenced to a term of imprisonment after November 1, 2012, a term of post-imprisonment supervision. The post-imprisonment supervision shall be for a period of not less than nine (9) months nor more than one (1) year following confinement of the person and shall Yes No be served under conditions prescribed by the Department of Corrections. There will be no post-imprisonment supervision for a sentence of life without the possibility of parole. 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): __________________________________? 15. What is/are the charge(s) to which the defendant is/are entering a plea today? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 16. Do you understand the range of punishment for the crime(s) is/are: (List in same order as in No. 15 12-A above)? (mark percentage as N/A if not applicable) (1) Minimum of ________to a maximum of ________at _________% and/or a fine of Yes No $_________ (2) Minimum of ________to a maximum of _____at _________% and/or a fine of Yes No $_________ (3) Minimum of _________to a maximum of ____at _________% and/or a fine of Yes No $_________ (4) Minimum of __________to a maximum of _____at _________% and/or a fine of Yes No $_________ (5) Minimum of _________to a maximum of______at _________% and/or a fine of Yes No $_________ (6) Minimum of __________to a maximum of____at________% and/or a fine of Yes No $________ 17. Read the following statements: You have the right to a speedy trial before a jury for the determination of whether you are guilty or not guilty and if you request, to determine sentence. (If pleading to capital murder, advise of procedure in 21 O.S.’ § 701.10(B)). At the trial: (1) You have the right to have a lawyer represent you, either one you hire yourself or if you are indigent a court appointed attorney. (2) You are presumed to be innocent of the charges. (3) You may remain silent or, if you choose, you may testify on your own behalf. (4) You have the right to see and hear all witnesses called to testify against you and the right to cross-examine them. (5) You may have your witnesses ordered to appear in court to testify and present evidence of any defense you have to these charges. (6) The state is required to prove your guilt beyond a reasonable doubt. (7) The verdict of guilty or not guilty decided by a jury must be unanimous. However, you can waive a jury trial and, if all parties agree, the case could be tried by a Judge alone who would decide if you were guilty or not guilty and if guilty, the appropriate punishment. Do you understand each of these rights? Yes No 18. Do you understand by entering a plea of guilty you give up these rights? Yes No 19. Do you understand that a conviction on a plea of guilty could increase punishment Yes No in any future case committed after this plea? 20. Do you understand your plea to the charge(s) may carry a risk of adverse Yes No immigration consequences if you are a non-citizen? 21. Have you talked over the charge(s) with your lawyer, advised him/her regarding Yes No 20. any defense you may have to the charges and had his/her advice? 22. Do you believe your lawyer has effectively assisted you in this case and are you Yes No 21. satisfied with his/her advice? 23. Do you wish to change your plea of not guilty to guilty and give up your right to a Yes No 22. jury trial and all other previously explained constitutional rights? 24. Is there a plea agreement? Yes No 23. What is your understanding of the plea agreement? _________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 25. Do you understand the Court is not bound by any agreement or recommendation Yes No 24. and if the Court does not accept the plea agreement, you have the right to withdraw your plea of guilty? 26. Do you understand that if there is no plea agreement the Court can sentence you Yes No 25. within the range of punishment stated in question 16? 26. Do you understand your plea of guilty to the charge(s) is/are after: (check one) Yes No ( ) no prior felony convictions ( ) one (1) prior felony conviction ( ) two (2) or more prior felony convictions List prior felony convictions to which pleading: _______________ ____________________________________________________ ____________________________________________________ 27. What (is) (are) your plea(s) to the charge(s) (and to each one of them)? __________________________________________________________ __________________________________________________________ __________________________________________________________ 28. Did you commit the acts as charged in the Information? Yes No State the factual basis for your plea(s) (attach additional page as needed, labeled as ADDENDUM C): __________________________________________________________ __________________________________________________________ __________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 29. Have you been forced, abused, mistreated, or promised anything by anyone to Yes No have you enter your plea(s)? 30. Do you plead guilty of your own free will and without any coercion or compulsion Yes No of any kind? 31. If you are entering a plea to a felony offense, you have a right to a Pre-Sentence Yes No Investigation and Report which would contain the circumstances of the offense, any criminal record, social history and other background information about you. Do you want to have the Report? 31. (a) Do you have any additional statements to make to the Court? Yes No 32. (b) Is there any legal reason you should not be sentenced now? Yes No HAVING BEEN SWORN, I, the Defendant whose signature appears below, make the following statements under oath: (1) CHECK ONE: ______(a) I have read, understood and completed this form. ______(b) My attorney completed this form and we have gone over the form and I understand its contents and agree with the answers. See Addendum “A” ______(c) The Court completed this form for me and inserted my answers to the questions. (2) The answers are true and correct. (3) I understand that I may be prosecuted for perjury if I have made false statements to this Court. __________________________________ DEFENDANT I Acknowledge this ________day of______________, 20_____. ____________________________________ Notary Public/Deputy Court Clerk/Judge 32. I, the undersigned attorney for the Defendant, believe the Defendant understands the 33. nature, purpose and consequence of this proceeding. (S)He is able to assist me in formulating any defense to the charge(s). I am satisfied that the Defendant's waivers and plea(s) of guilty are voluntarily given and he/she has been informed of all legal and constitutional rights. ________________________________________ ATTORNEY FOR DEFENDANT 33. The sentence recommendation in question 23 24 is correctly stated. I believe the 34. recommendation is fair to the State of Oklahoma. 34. Offer of Proof (Nolo contendere plea) _____________________________________ 35. ____________________________________________________________________ 36. On entering a plea to a felony offense, the State has a right to a pre-sentence investigation Yes and report. The State waives the right to a pre-sentence investigation? No ____________________________________________ ASSISTANT DISTRICT ATTORNEY

THE COURT FINDS AS FOLLOWS:

37. A. The Defendant was sworn and responded to questions under oath.

B. The Defendant understands the nature, purpose and consequences of this proceeding.

C. The Defendant's plea(s) of______________________is/are knowingly and voluntarily entered and accepted by the Court.

D. The Defendant is competent for the purpose of this hearing.

E. A factual basis exists for the plea(s) (and former conviction(s), if applicable).

F. The Defendant is guilty as charged: (check as appropriate)

( ) after no prior felony convictions.

( ) after one (1) prior felony conviction.

( ) after two (2) or more prior felony convictions.

Count(s) enhanced pursuant to 21 O.S. § 51.1 : ______________________

( ) after one (1) prior felony conviction

( ) after two (2) or more prior felony convictions

Count(s) enhanced pursuant to 21 O.S. § 20A et seq. (Sentencing Modernization Act):__________________________________________

( ) after one (1) or two (2) prior Class C/D felony conviction(s)

( ) after one (1) or more prior Class A/B/Y felony conviction or three (3) or more prior Class C/D felony convictions

Count(s) enhanced pursuant to ____ O.S. § __________: ______________

( ) after ________ prior felony conviction

G. Sentencing or order deferring sentence shall be: imposed instanter ( ); or continued until the _______day of ________, 20____, at______.__m.

If the Pre-Sentence Investigation and Report is requested, it shall be provided to the Court by the ______day of ____________, 20______.

H. Defendant is committed to:

______The RID Program

______The FORT Program

______The Delayed Sentencing Program for Young Adults

DONE IN OPEN COURT this ______day of __________, 20_____.

Court Reporter Present COURT

Deputy Court Clerk OR PRINTED

JUDGE OF THE DISTRICT

NAME OF JUDGE TYPED

Part B: Sentence on Plea

Case No.__________________________

State v. ___________________________

Date: _____________________________

[NOTE ON USE: Part B to be used with the Summary of Facts if contemporaneous with the entry of plea or may be formatted as a separate sentencing form if sentencing continued to future date.]

THE COURT SENTENCES THE DEFENDANT AS FOLLOWS:

TIME TO SERVE

1. You are sentenced to confinement under in the supervision custody of the Department of Corrections for a term of years as follows: (list in same order as in question No. 12-A in Part A)

______________________

Upon release from such confinement, you shall serve a term of post-imprisonment supervision under conditions prescribed by the Department of Corrections Court for a period of:

______________________

2. The sentence(s) to run:

___________________________ (concurrently/consecutively)

(OR)

___________________________ NOT APPLICABLE

__________________ Concurrently ___________________ Consecutively

__________________ Not Applicable

3. Defendant shall receive:

__________ Credit for time served

__________ No credit for time served

____ Credit for time served ________ No credit for time served

DEFERRED SENTENCE

1. The sentencing date is deferred until ________________, 20_____ at_________ ___.m.

2. You (will/will not) be supervised. The terms set forth in the Rules and Conditions of Probation found in Addendum D shall be the rules you must follow during the period of deferment.

SUSPENDED SENTENCE or SUSPENDED AS TO PART

1. You are sentenced to confinement under the supervision of the Department of Corrections for a term of years as follows:

____________________

To be suspended as follows:

(a) ALL SUSPENDED YES_____NO______

(b) suspended except as to the first __________ (months)(years) of the term(s) during which time you are to be held in the custody of the Department of Corrections, the remainder of the sentence(s) to be suspended under the terms set forth in the Rules and Conditions of Probation found in Addendum D.

_____ Said period of incarceration shall be in the custody of the Department of Corrections, to be served in the County Jail, in lieu of the Department of Corrections, pursuant to the Community Service Sentencing Program, 22 O.S. Section 991a -- 4.1.

_____ Defendant's term of incarceration shall be calculated as:

______ Calendar days with credit for good behavior only (57 O.S Section § 65)

______ As calculated by the Sheriff with all implemented and allowable credits allowed by law

2. The sentence(s) to run:

_______________________ (concurrently/consecutively)

(OR)

_______________________ NOT APPLICABLE

_________ Concurrently ___________ Consecutively ____________________ Not Applicable

3. Defendant shall receive:

_______ Credit for time served

_______ No credit for time served

____ Credit for time served ____ No credit for time served

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 your plea. The trial court must hold a hearing and rule upon your Application within thirty (30) days from the date it is filed. If the trial court denies your Application, you have the right to ask the Court of Criminal Appeals to review the District Court's denial by filing a Petition for Writ of Certiorari within ninety (90) days from the date of the denial. Within ten (10) days from the date the application to withdraw plea of guilty is denied, notice of intent to appeal and designation of record must be filed pursuant to Oklahoma Court of Criminal Appeals Rule 4.2(D). If you are indigent, you have the right to be represented on appeal by a court appointed attorney.

Do you understand each of these rights to appeal? Yes No Do you want to remain in the county jail ten (10) days before being taken to the place of Yes confinement? No Have you fully understood the questions that have been asked? Yes No Have your answers been freely and voluntarily given? Yes No

I ACKNOWLEDGE UNDERSTANDING OF RIGHTS AND SENTENCE IMPOSED.

_________________________________________ DEFENDANT

I, the undersigned attorney, have advised the Defendant of his appellate rights.

_________________________________________ ATTORNEY FOR DEFENDANT

Done in open court, with all parties present, this ______day of _____________, 20______.

Court Reporter Present COURT

____ Deputy Court Clerk PRINTED

JUDGE OF THE DISTRICT

NAME OF JUDGE TYPED OR

ADDENDUM “A”

CERTIFICATE OF DEFENSE COUNSEL

As the attorney for the defendant,__________________________________, I certify that:

1. The Defendant has stated to me that he/she is (able/unable) to read and understand the attached form, and I have: (check appropriate option)

______Determined the Defendant is able to understand the English language.

______Determined the Defendant is unable to understand the English language and obtained _________________to interpret.

2. I have read and fully explained to the Defendant the allegations contained in the Information in this case.

3. I have read and fully explained to the Defendant all of the questions in the Plea of Guilty/Summary of Facts and the answers to the questions set out in the Summary of Facts are the Defendant's answers.

4. To the best of my knowledge and belief the statements and declaration made by the Defendant are accurate and true and have been freely and voluntarily made.

Dated this __________day of ___________, 20______.

________________________________________ ATTORNEY FOR DEFENDANT

Form 13.18 Mary Rippy Violent Crime Act Notice

IN THE DISTRICT COURT OF _____________________ COUNTY

STATE OF OKLAHOMA

STATE OF OKLAHOMA, Plaintiff,

v.

______________________________, Defendant.

Case No. _______________

NOTICE OF REGISTRATION REQUIREMENT UNDER THE MARY RIPPY VIOLENT CRIME OFFENDERS REGISTRATION ACT

You must register as a violent offender and comply with this Act. Persons subject to the Act must register:

1. With the Department of Corrections within three (3) days after being convicted or receiving a deferred or suspended sentence (if the person is NOT incarcerated) OR within three (3) days after release from a correctional institution; AND

2. With the local law enforcement where the person resides or intends to reside within three (3) days after entering that jurisdiction; AND

3. With BOTH the Department of Corrections AND local law enforcement no less than three (3) days prior to moving or leaving a previously registered address.

Important: A failure to comply with the requirements of the Mary Rippy Violent Crime Offenders Registration Act can result in additional felony charges being filed against you.

Defendant's full name (Last, First, Middle) Gender ( )Female ( )Male Residence Address Upon Discharge or Release City, State, Zip Code Sentenced to Custody of DOC? Year of Last Four Digits of Social ( )Yes ( )No Birth Security #

________________________ _____ Defen _____ dant _________________________________ _______________________ (Assistant) District Attorney Attorney for Defendant

DONE IN OPEN COURT this __________________day of _________________, 20_______.

______________________ Judge of the District Court

To Court Clerk: A copy of this completed form is to be provided to the Mary Rippy Violent Crime Offenders Registration Unit of the DOC, pursuant to 57 O.S. § 597.

Citationizer© Summary of Documents Citing This Document

Cite Name Level Oklahoma Court of Criminal Appeals Cases Cite Name Level 2025 OK CR 23, TURNER v. STATE OF OKLAHOMA Cited Citationizer: Table of Authority Cite Name Level Title 21. Crimes and Punishments Cite Name Level 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 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