Law change between guilty plea and sentencing

[Marie Mitchell]

What is the name of your state?Oklahoma.
In Starkey v DOC 2013 was the Supreme Court decision that law at time of plea was to be used or time of sentencing? Should punishment allowed at time of offense, time of guilty plea, or time of sentencing be given if law is changed between these times?

 

[quincy]

What is the name of your state?Oklahoma.
In Starkey v DOC 2013 was the Supreme Court decision that law at time of plea was to be used or time of sentencing? Should punishment allowed at time of offense, time of guilty plea, or time of sentencing be given if law is changed between these times?

What is your legal issue that brings you to this question?

 

[FlyingRon]

Well in the case of Starkey, all three events (plea, entry of deferred adjudication, and the "sentence" (the terms of the deferral)) all were entered on the same day, so it unclear which the court would have deemed as the definitive date. What was clear, the law change substantially after that was found not to apply to him.

Hence, your premise is invalid. The law did NOT change in Starkey between conviction and sentence. First, Starkey was not convicted. The law changed only while Starkey was serving out the probation on his deferral and the argued period of registration obligation.

As Q says, do you have a specific question about this you need to know?

 

[Marie Mitchell]

What is the name of your state? Oklahoma
When the law changes to a law requiring stricter punishment between the time of offense, time of guilty plea, and unreasonably delayed time of sentencing (well over 90 days) according to the Supreme court, does law at time of Offense apply, law at time of guilty plea, or law after delayed sentencing apply? At which time do you believe the law should apply?

 

[quincy]

What are the specifics?

 

[Zigner]

My homework-meter is twitching...

 

[Marie Mitchell]

Well in the case of Starkey, all three events (plea, entry of deferred adjudication, and the "sentence" (the terms of the deferral)) all were entered on the same day, so it unclear which the court would have deemed as the definitive date. What was clear, the law change substantially after that was found not to apply to him.

Hence, your premise is invalid. The law did NOT change in Starkey between conviction and sentence. First, Starkey was not convicted. The law changed only while Starkey was serving out the probation on his deferral and the argued period of registration obligation.

As Q says, do you have a specific question about this you need to know?

I tried to ask more specifically in another question. Please in a case where the law changed between time of guilty plea and time of sentencing, which SOR law would be required?

 

[quincy]

Here are links to the 2013 Starkey v. Department of Corrections Oklahoma Supreme Court case you mentioned, and the 2013 Oklahoma Court of Appeals case, State v. Salathiel, that might be of interest to you.

Starkey: https://law.justia.com/cases/oklahoma/supreme-court/2013/109556.html

Salathiel: https://law.justia.com/cases/oklahoma/court-of-appeals-criminal/2013/s-2012-623.html

What is the specific legal situation? Does it involve you, someone you know, or are you just curious?

 

[Zigner]

Please explain what gives rise to this question. Is this a legal matter that you are currently involved in?

 

[Marie Mitchell]

What are the specifics?

Please, SOR law changed between guilty plea and time of unreasonably delayed sentencing (well over 90 days) Which law should be applied?

 

[Just Blue]

I tried to ask more specifically in another question. Please in a case where the law changed between time of guilty plea and time of sentencing, which SOR law would be required?

Is this your legal situation? What is the crime? Why don't you ask your attorney?

 

[Marie Mitchell]

Here are links to the 2013 Starkey v. Department of Corrections Oklahoma Supreme Court case you mentioned, and the 2013 Oklahoma Court of Appeals case, State v. Salathiel, that might be of interest to you.

Starkey: https://law.justia.com/cases/oklahoma/supreme-court/2013/109556.html

Salathiel: https://law.justia.com/cases/oklahoma/court-of-appeals-criminal/2013/s-2012-623.html

What is the specific legal situation? Does it involve you, someone you know, or are you just curious?

Someone I know

 

[Just Blue]

Please, SOR law changed between guilty plea and time of unreasonably delayed sentencing (well over 90 days) Which law should be applied?

Please answer the questions asked.

 

[Just Blue]

Someone I know

Someone I know

Then that someone should ask his/her attorney.

 

[quincy]

Someone I know

A guilty plea can be withdrawn up to the time of sentencing - or set aside on appeal.