No "time cut" Motion under Oklahoma Law
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There is a common misconception in Oklahoma prisons that there is a “Motion for a Time Cut” in Oklahoma criminal law, such a motion does not exists. There are only 5 ways for a court to change a sentence once it has been imposed. Other than the five ways listed below courts does not have jurisdiction to modify or vacate a sentence. These ways are:
1. Reversal on Direct Appeal (Applies to trial verdicts, both jury and non-jury)
2. Post-Conviction Relief under Title 22 O.S. Section 1080 (Applies to trial verdicts, both jury and non-jury)
3. Federal Habeas for a state prisoner under 28 U.S.C Section 2254
4. Withdrawal of Plea either filed on time or filed out of time (explained below)
5. Sentence Modifications under Title 22 O.S. Section 982 (a)
In addition to the five ways listed above, the only other way a defendant can get a sentence modified is through executive action which would be commutation and/or a pardon.
For a detailed explination of direct appeal, Oklahoma post conviction relief and federal habeas read Understanding Oklahoma's Criminal Appeal Process- An Overview of the Criminal Appeals Process from Direct Appeal through Federal Habeas.You may also find the videos below helpful.