Oklahoma Code § 22-1080

Title 22. Criminal Procedure: Post-Conviction Procedure Act - Right to challenge
Open in Lexace · Ask the AI about this section
conviction or sentence.
Any person who has been convicted of, or sentenced for, a crime
and who claims:
1.  That the conviction or the sentence was in violation of the
Constitution of the United States or the Constitution or laws of
this state;
2.  That the court was without jurisdiction to impose sentence;
3.  That the sentence exceeds the maximum authorized by law;
4.  That there exists evidence of material facts, not previously
presented and heard, that requires vacation of the conviction or
sentence in the interest of justice;
5.  That the sentence has expired, the suspended sentence,
probation, parole, or conditional release unlawfully revoked, or he
or she is otherwise unlawfully held in custody or other restraint;
or
6.  That the conviction or sentence is otherwise subject to
collateral attack upon any ground of alleged error heretofore
available under any common law, statutory or other writ, motion,
petition, proceeding or remedy,
may institute a proceeding under the Post-Conviction Procedure Act
in the court in which the judgment and sentence on conviction was
imposed to secure the appropriate relief.  Excluding a timely
appeal, the Post-Conviction Procedure Act encompasses and replaces
all common law and statutory methods of challenging a conviction or
sentence including, but not limited to, writs of habeas corpus.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.