Hello again. I'm very sorry to hear that the Motion for Suspended Sentence was not allowed. That motion was discretionary with the judge. However, the Petition for Post-Conviction Relief is not discretionary. If there was a constitutional violation and the defendant did not receive the effective assistance of counsel or a fair trial
the judge has no discretion and must allow the petition.
So that there won't be any issues with service the defendant will want to file a Certificate of Service (if he has not already done so) stating that he served the prosecutor with a copy of the petition and brief. The Certificate of Service bears the caption of the case is titled "Certificate of Service" and states:
I, [defendant], hereby certify that on [date] I served the Petition for Post-Conviction Relief and Petitioner's Brief, in accordance with OCCA Rules by mailing [delivering in hand] copies of same by United States mail, postage prepaid to: [name and address of prosecutor]
Signed under the pains and penalties of perjury this ____ day of July, 2013.
Signed by defendant.
If he did not do the mailing and you did, then he can change the wording to "I caused copies to be mailed or delivered by hand.
Then you file the Certificate of Service with the court.
After the prosecutor has filed an opposition, a hearing will be scheduled. You can draft a reply brief to the opposition if there are specific issues you want to address. The hearing may be an evidentiary hearing, meaning the judge may take testimony or receive evidence to support the Petition or from the prosecutor.
Under the Rules for Post Conviction Relief the "judge assigned to adjudicate the application for post-conviction relief shall prepare a detailed order setting out specific findings of fact and conclusions of law on each proposition for relief presented in the application. The order shall also specify the pleadings, documents, exhibits, specific portions of the original record and transcripts, considered in adjudicating the application, which shall then become a part of the record on appeal."
Here is an application that was granted on appeal from denial of post-conviction relief that will give you some idea of the process and maybe give you some hope that the Petition may eventually be successful. http://www.state.ok.us/~oids/coca/BrownDJ.pdf
Please feel free to ask any follow up questions.