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Belt v. State6/26/1998
uty bound to execute the mandate of the appellate court by entering judgment in accordance with the law as stated in the appellate opinion. Marshall v. Cantrell, 201 Okla. 447, 236 P.2d 262 (1951). When the appellate court remands the matter to the trial court with specific instructions for further proceedings, the trial court's authority to act is limited by those instructions. Crews v. Bird, 141 Okla. 143, 285 P. 132 (1929). After affirmance on appeal, and issuance of mandate, the lower court is without jurisdiction to reopen the cause other than to comply with the appellate mandate. Cartwright v. Atlas Chemical Industries, 1981 OK 4, 623 P.2d 606; Schneider v. Alles, 137 Okla. 41, 277 P. 921 (1929).
Although the Department's public-policy argument seems, at first blush, an attractive analysis for resolving this matter, we are not persuaded that it permits us to disregard these well-settled principles of law. We are also not persuaded by the Department's argument that because the trial court stated on the record its intention to rescind the modification order if Belt again violated our implied consent laws, and ordered the Department to inform the court of any subsequent offense, that carrying out that intention makes an impermissible exercise of authority by the trial court permissible. Simply put, upon receiving our opinion affirming the order in Appeal No. 88,785, and upon issuance of the mandate in the matter, the trial court was compelled to issue an order nunc pro tunc as instructed by the opinion.
We hold the court erred in considering new evidence unrelated to the issues settled on appeal. This is especially so because the alleged offense upon which the trial court based its erroneous order to rescind Belt's modified driving privileges was itself stayed pending an appeal to this court. We understand the trial court's desire to take firm action in dealing with offenders of our implied consent laws, such as Belt, who repeatedly demonstrate utter disregard for public health and safety. Belt's modified driving privileges are certainly subject to forfeiture, but not within the confines of this proceeding. See, e.g., In re Lehman, 1979 OK 27, 591 P.2d 700. The trial court's action in this matter constituted legal error. The order is reversed, and the matter is remanded with instructions to issue an order nunc pro tunc as instructed in Appeal No. 88,785.
REVERSED AND REMANDED WITH INSTRUCTIONS.
TAYLOR, C.J., and BOUDREAU, J., concur.
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