Raye's First Appeal - Proposition 1

Proposition 1: The information filed against the defendant was not filed in substantial conformity with the laws of the state of Oklahoma and is void in that it is not signed by a duly elected and qualified district attorney of Pottawatomie and Lincoln Counties

Under the Oklahoma Constitution and Statues, the prosecution of a criminal case must be brought in the name of the State of Oklahoma and must be signed by the duly qualified and elected district attorney for the district attorney for the district in which the alleged offense was committed. On February 24, 2006, an Information was filed and signed in the name of the "State of Oklahoma, County of Lincoln" by Richard L. Smothermon against Raye Dawn Smith for two felony counts. At the bottom of the first page of the Information, Mr. Smothermon signs his name purporting to be the District Attorney for Lincoln County, which is in District 23. This Information is void on its face; it is a false document. Mr. Smothermon may have very well-taken the oath of office as district attorney for the Twenty-Third District, but his legal residence is in Oklahoma County, which is District 7. He is not the qualified district attorney. Pursuant to OKLA. Stat. tit. 19, sec. 215.2(B), to qualify as a candidate for the office of district attorney a person must have been a resident of the State of Oklahoma for (2) years, the district for three (3) months, a duly licensed attorney for five (5) years, and be at least twenty-eight (28) years of age, prior to the date of filing for office. Richard Smothermon was elected to serve District 23 as district attorney in 2002 and 2006. District 23 encompasses two counties---Pottawatomie and Lincoln. Contrary to the statute, Mr. Smothermon was not a resident of District 23 when he filed his Declaration of Candidacy.

The Court in Lincoln County never had jurisdiction to try the case against Raye Dawn Smith because neither the Information or Amended Felony Information were signed by a duly qualified and elected district attorney of District 23 or his legally constituted assistant. Therefore, the Court did not have the jurisdiction and power to move the case to Creek County, Bristow Division on a change of venue motion. The Information issued against Raye Dawn Smith is void and her conviction and sentence are also. The Office of District Attorney of District 23 should be declared vacant and a duly qualified individual appointed as district attorney.