G.G. v. State

Decided March 2, 1999

Court of Criminal Appeals of Oklahoma · decided 1999-03-02

Key passage — most relied on by later courts

“to overcome the presumption as set out in ¶ 12 of the Court's opinion. Therefore, the presumption of sentencing as a Youthful Offender applies. ¶ 2 I continue to object to the Court's disregard of the statutory language of the Youthful Offender Act. See C.R.B. v. State, 1999 OK CR 1 at ¶¶ 4-6 , 973 P.2d 339 (Lumpkin, J. Concur in Part/Dissent in Part). The same analysis I applied there should apply here. The State had its opportunity to put on”

quoted by 1 later decision, including 1999 OK CR 7 - GG v. State

Relies on C.R.B. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-03-02

How this case has been cited

Cited by 11 later decisions — most recently September 2022

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LUMPKIN, Vice-Presiding Judge:

¶1concurs in pari/dissents in part.

¶2¶ 1 I agree with the Court’s action to reverse the decision of the District Court allowing Appellant to be sentenced as an adult. The reason is the State failed to present “clear and convincing evidence” to overcome the presumption as set out in ¶ 12 of the Court’s opinion. Therefore, the presumption of sentencing as a Youthful Offender applies.

¶3¶2 I continue to object to the Court’s disregard of the statutory language of the Youthful Offender Act. See C.R.B. v. State, 1999 OK CR 1 at ¶¶4-6, 973 P.2d 339 (Lumpkin, J. Concur in Part/Dissent in Part). The same analysis I applied there should apply here. The State had its opportunity to put on “clear and convincing evidence” to rebut the presumption of Youthful Offender sentencing and they did not. I would not give them a second chance. The case should be remanded with instructions to sentence pursuant to the Youthful Offender Act.