HARRISON v. STATE OF OKLAHOMA

Citations

• 2026 OK CR 18

Syllabus

¶1 On September 8, 2025, Petitioner, through counsel, filed with the Clerk of this Court a copy of her Notice of Intent to Appeal; Preparation of Appeal Record Court; and Reporter's Acknowledgement; and in the Alternative, Notice of Post-Conviction Appeal From Final Order of the District Court which was filed with the clerk of the trial court on the same day, in Tulsa County District Court Case No. CF-2013-1446. 1 This notice declared Petitioner's intent to appeal a trial court order, pronounced in open court on August 29, 2025, that denied Petitioner's application for resentencing pursuant to the Oklahoma Survivors' Act. See 22 O.S.Supp.2024, §§ 1090.4 -1090.5. The trial court's written findings of fact and conclusions of law were filed in the trial court on October 30, 2025. The Clerk of this Court assigned this appeal this Court's Case No. F-2025-7408. On March 20, 2026, the State filed its State of Oklahoma's Motion to Dismiss Appeal or, Alternatively, to Convert it into a Postconviction Appeal. On April 9, 2026, Petitioner filed Appellant's Response to State of Oklahoma's Motion to Dismiss Appeal or, Alternatively, to Convert it into a Postconviction. In its motion, the State maintains that the appeal to this Court of an order denying resentencing to individuals eligible pursuant to Section 1090.4 of the Survivors' Act must be taken in accordance with 22 O.S.2021, § 1087 and the provisions governing an appeal to this Court under the Uniform Post-Conviction Procedure Act. We agree.