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In re Revision of Portion of the Rules of the Court of Criminal Appeals of the State

Citations: 127 P.3d 1135; 2005 OK CR 29; 2005 Okla. Crim. App. LEXIS 25Docket: No. CCAD-2005-9

Court: Court of Criminal Appeals of Oklahoma; December 19, 2005; Oklahoma; State Appellate Court

Narrative Opinion Summary

Order revises and republishes portions of Form 13.8, as authorized by Section 1051(b) of Title 22 of the Oklahoma Statutes. The revisions to the Uniform Judgment and Sentence Form include specific deletions and additions indicated by strikethrough and bold text, respectively. Form 13.8 is mandated for all felony convictions and for certain misdemeanors that may be prosecuted as felonies. In counties where District Attorneys use JustWare case management software, a tailored version of Form 13.8 that reflects only the applicable provisions for a specific case is permitted. The revisions take effect immediately upon the issuance of this order, dated December 20, 2005. The order is signed by Presiding Judge Charles S. Chapel and other judges, confirming its validity.

Legal Issues Addressed

Authority for Revising Judicial Forms

Application: The court exercises its authority under Section 1051(b) of Title 22 of the Oklahoma Statutes to revise and republish portions of Form 13.8.

Reasoning: Order revises and republishes portions of Form 13.8, as authorized by Section 1051(b) of Title 22 of the Oklahoma Statutes.

Immediate Effectiveness of Judicial Order

Application: The revisions to Form 13.8 take effect immediately upon issuance of the judicial order, ensuring prompt application of the updated procedures.

Reasoning: The revisions take effect immediately upon the issuance of this order, dated December 20, 2005.

Implementation of Tailored Form in Case Management Software

Application: In counties using JustWare case management software, a tailored version of Form 13.8 may be used to reflect only the applicable provisions for a specific case.

Reasoning: In counties where District Attorneys use JustWare case management software, a tailored version of Form 13.8 that reflects only the applicable provisions for a specific case is permitted.

Judicial Confirmation of Order Validity

Application: The order is confirmed valid by the signature of Presiding Judge Charles S. Chapel and other judges, reinforcing its authority.

Reasoning: The order is signed by Presiding Judge Charles S. Chapel and other judges, confirming its validity.

Mandate for Use of Revised Form 13.8

Application: The revised Form 13.8 is mandated for all felony convictions and certain misdemeanors that may be prosecuted as felonies, ensuring uniformity in sentencing documentation.

Reasoning: Form 13.8 is mandated for all felony convictions and for certain misdemeanors that may be prosecuted as felonies.