Oklahoma Statutes
Okla. Stat. tit. 22, § 994 (2026)
Suspension of judgment and sentence after appeal
✓ current as of July 2026
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After appeal, when any criminal conviction is affirmed, either in whole or in part, the court in which the defendant was originally convicted may suspend the judgment and sentence as otherwise provided by law. Jurisdiction for such suspension shall be vested in said trial court by a request by the defendant within ten days of the final order of the Court of Criminal Appeals. Any order granting or denying suspension made under the provisions of this section is a nonappealable order. Laws 1965, c. 160, § 1, emerg. eff. May 26, 1965.
Notes of Decisions
Cited in 73
cases (8 in the last 5 years), 1968–2024 · leading case: Hung Thanh Le v. State, 947 P.2d 535 (Okla. Crim. App. 1997).
Hung Thanh Le v. State, 947 P.2d 535 (Okla. Crim. App. 1997). “10 and not rely on 22 O.S.Supp.1993 § 994 used by the majority in footnote 52.”
Neilson v. State, 639 P.2d 615 (Okla. Crim. App. 1981). “The appellant is advised to consider the provisions of 22 O.S.Supp. 1980, § 994, and to apply again for a suspended sentence under those provisions.”
Luker v. State, 552 P.2d 715 (Okla. Crim. App. 1976). “However, this decision does not in any manner preclude the trial court from entertaining an application for suspension of judgment and sentence in either whole or part after appeal pursuant to the provisions of 22 O.S.1971, § 994, assuming that with respect to this conviction…”
West v. State, 617 P.2d 1362 (Okla. Crim. App. 1980). “For the reasons stated above the judgment and sentence appealed from should be, and the same is, hereby, AFFIRMED, and we direct the attention of counsel for the appellant to the provisions of 22 O.S.1971, § 994. CORNISH, P. J., concurs.”
Metoyer v. State, 2022 OK CR 27 (Okla. Crim. App. 2022). “2021, § 991a inter alia "[s]uspend the execution of sentence in whole or in part, with or without probation"); 22 O.S.2021, § 994 See also 22 O.S.2021, § 1066 Borden v.”
Holder v. State, 556 P.2d 1049 (Okla. Crim. App. 1976). “Defendant’s attention is called to the provisions of 22 O.S.1971, § 994, which provides for a further application for suspension of sentence after appeal.”
White v. Coleman, 475 P.2d 404 (Okla. Crim. App. 1970). “NIX, Judge: This is an original proceeding in habeas corpus arising from the order of the District Court of Creek County dismissing petitioner’s application for suspension of judgment and sentence after appeal authorized by 22 O.S.Supp.1969, § 994. The petitioner, Fred Joseph…”
Hilliary v. State, 630 P.2d 791 (Okla. Crim. App. 1981). “*795 Appellants are admonished that they may utilize the provisions of 22 O.S.1971, § 994, for any other relief they may feel they are entitled to receive.”
Farmer v. State, 507 P.2d 1303 (Okla. Crim. App. 1973). “We, therefore, direct the defendant and his attorney’s attention to 22 O.S.1971, § 994. Affirmed. BUSSEY, J., concurs.”
Raymer v. City of Tulsa, 595 P.2d 810 (Okla. Crim. App. 1979). “Counsel and trial courts’ attention are called to the provisions of 22 O.S.1971, § 994. CORNISH, P. J., concurs.”
Cavaness v. State, 581 P.2d 475 (Okla. Crim. App. 1978). “Defense counsel, however, is reminded of the provisions of 22 O.S.1971, § 994, which provides that the trial court may suspend the sentence after appeal.”
Whittmore v. State, 742 P.2d 1154 (Okla. Crim. App. 1987). “Counsel is further admonished, insofar as considerable time has elapsed since this trial was conducted and other evidence of appellant’s conduct is available, that he may proceed under the provisions of 22 O.S.1981, § 994, for a suspension of sentence within ten days from the…”
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