Ex parte Farr

Ex parte Farr
1948 OK CR 98
198 P.2d 748
87 Okl.Cr. 411
Decided: 10/13/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Judgment and Sentence-Effect of Suspended Sentence-Violation of Conditions. When execution of a sentence is suspended, the judgment itself is not impaired or limited. The time for its execution is merely deferred, as a matter of grace, subject to being withdrawn by the court for a violation of some of the conditions named in statute.

2. Habitual Criminals-Second Offense After Conviction of Felony. A person may properly be charged with the commission of a crime after a former conviction of a felony even though the sentence In the former conviction was suspended during good behavior.

3. Habeas Corpus--Inquiry Limited to Jurisdictional Matters; and not Used as Substitute for Appeal. In habeas corpus proceeding, the Criminal Court of Appeals is without authority to reduce the punishment imposed upon a petitioner as its inquiry is addressed to jurisdictional matters only and may not be used as a substitute for an appeal.

Original proceeding in habeas corpus by William Roy Farr for release from confinement in the State Penitentiary. Writ denied.

William Roy Farr, of McAlester, pro se.

Mac Q. Williamson, Atty. Gen., for respondent.

JONES~ J. This is an original proceeding in habeas corpus by the petitioner, William Roy Farr, who is confined in the Oklahoma State Penitentiary at McAlester.

In the verified petition it is alleged that on September 15, 1945, the petitioner entered a plea of guilty to the charge of burglary in the second degree in the district

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court of Oklahoma county, and the said judgment and sentence of two years imposed upon his plea of guilty was suspended during his good behavior. Subsequent thereto, on December 11, 1945, the petitioner entered his plea of guilty to the crime of burglary in the second degree after former conviction of a felony and was sentenced to serve ten years in the State Penitentiary. On December 20, 1945, the district court of Oklahoma county entered an order revoking the suspended sentence of the petitioner and directing his commitment to the Penitentiary.

The petitioner contended that the order revoking the suspended sentence having been made eleven days after the petitioner was sentenced for the crime of burglary in the second degree after former conviction of a felony, the sentence of ten years is excessive and without the jurisdiction of the district court for the reason that the two year sentence for burglary in the second degree had been suspended and was not effective so as to authorize the court to enlarge his punishment upon a plea of guilty to burglary in the second degree after a former conviction of a felony, which former conviction was based upon the suspended sentence which had been given.

In the case of Ex parte Boyd, 73 Okla. Cr. 441, 122 P.2d 162, 168, it is held:

"When execution of a sentence is suspended, the judgment itself is not impaired or limited. The time for its execution is merely deferred, as a matter of grace, subject to being withdrawn by the court for a violation of some of the conditions named in statute."

Petitioner is in error in thinking that he was not a duly convicted person after the suspension of his sentence. While under the suspended sentence he was not freed" from the legal consequences of his guilt. He was

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