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11 Tulsa L.J. 26 (1975-1976)
Suspension of Execution of Sentence: An Examination of Judicial Power

handle is hein.journals/tlj11 and id is 44 raw text is: SUSPENSION OF EXECUTION OF SENTENCE: AN EXAMINATION OF JUDICIAL POWER Robert A. Fairbanks* INTRODUCTION The Oklahoma sentencing statutes provide several sentencing alternatives for trial court consideration after the conviction of a defend- ant for a criminal offense.: Depending upon the offense and informa- tion contained in the pre-sentencing report,2 the trial judge, at his dis- * Charles Evans Hughes Fellow (in residence), Columbia University School of Law; B.S., University of Oklahoma; M.B.A., Oklahoma City University; J.D., University of Oklahoma; M.C.J.A., Oklahoma City University. 1. See OKLA. STAT. tit. 22, §§ 991a, 991c (1971). See also Fairbanks, Parole- A Function of the Judiciary?, 27 OKLA. L. REv. 634, 637-42 (1974). 2. Oklahoma has two statutes that provide for presentence investigations. OKLA. STAT. tit. 22, § 982 (1971) provides: Upon plea of guilty, or verdict of conviction, in all felony cases, where the court desires more information, it may make suitable disposition of the cus- tody of the defendant and request the Department of Pardon and Parole or its successor to make a study of the defendant. This study shall include, but not be limited to, the defendant's previous delinquency, his social background, his capabilities, his mental and physical health, and such other factors as may be considered pertinent. Within thirty (30) days from the date this request is made by the court, or within such extended time as the court may allow, the Pardon and Parole Board shall make a written report to the court, a copy of such report to be given to the defendant and District Attorney, which shall be filed with the court clerk, unless otherwise ordered by the court. After re- ceiving such report, the court shall impose such sentence as he deems war- ranted, which shall run from the date of the plea of guilty, or conviction. OKLA. STAT. tit. 57, § 519 (Supp. 1974) provides: Effective January 1, 1975, whenever a person is convicted of a felony, ex- cept when the death sentence is imposed, the court shall, before imposing sen- tence to commit any felon to incarceration by the Department of Corrections, order a presentence investigation to be made by the Division of Probation and Parole of the Department. The Division shall thereupon inquire into the cir- cumstances of the offense, and the criminal record, social history and present condition of the convicted person; and shall make a report of such investiga- tion to the court, including a recommendation as to appropriate sentence, an'd specifically a recommendation for or against probation. Such reports must be presented to the judge so requesting, within a reasonable time, and upon the failure to so present the same, the judge may proceed with sentencing. When- ever, in the opinion of the court or the Division it is desirable, the investiga- tion shall include a physical and mental examination of the convicted person. The reports so received shall not be referred to, or be considered, in any appeal

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