Q: I'm trying to find the Oklahoma Statue on Split Sentencing and/or the rules governing split sentences.
A defendant received a split sentence. He was on the probation part of his split sentence, when he was released into another county's custody. He was sentenced in the other county and sent to prison. While at the other county, he attempted notified the original county that he needed to be brought back to them on his split sentence, but they never issued a writ for him. We are trying to figure out how to proceed with this split sentence hanging over his head.
A:
I am not sure about your question. On a split sentence, once the person is discharged from DOC on the front end they are done with that portion of the sentence. They will only have the probation on the back end to deal with. It is dealt with in the same manner as straight S/S probation.
The original jurisdiction that gave him the split should have filed a ATR. If they haven't, his probation time should run, and they can't ATR him for technical violations if he is incarcerated. If there is an ATR, then he needs to have his attorney get a court date about a month out and then writ him back to the county on that date. Remember to add to the writ that he will be released back to DOC when his case is complete.
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