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Anderson v. State

Court of Criminal Appeals of Oklahoma
Apr 27, 1989
772 P.2d 1329 (Okla. Crim. App. 1989)

Opinion

No. F-86-466.

April 27, 1989.


ORDER CORRECTING OPINION

On April 25, 1989, it was discovered that Judge Parks' dissenting opinion in Anderson v. State, 765 P.2d 1232, 1234 (Okla. Cr. 1988), relied upon an incorrectly recorded vote in stating in relevant part:

Two prior unanimous decisions of this Court have held that a new trial is required under such circumstances. See Kelly v. State, 735 P.2d 566, 567 (Okla. Cr. 1987); Scott v. State, 730 P.2d 7, 9 (Okla. Cr. 1986). . . .

Although Judge Bussey's vote in Scott, 730 P.2d at 9, was recorded as a "CONCUR," the original records show that his vote should have been officially recorded as "NOT PARTICIPATING." Thus, Scott was in fact not unanimous.

IT IS THEREFORE THE ORDER OF THIS COURT that Judge Parks' dissenting opinion in the above-styled cause shall be corrected to reflect the foregoing.

IT IS SO ORDERED.


Summaries of

Anderson v. State

Court of Criminal Appeals of Oklahoma
Apr 27, 1989
772 P.2d 1329 (Okla. Crim. App. 1989)
Case details for

Anderson v. State

Case Details

Full title:DAVID EARL ANDERSON, APPELLANT, v. THE STATE OF OKLAHOMA, APPELLEE

Court:Court of Criminal Appeals of Oklahoma

Date published: Apr 27, 1989

Citations

772 P.2d 1329 (Okla. Crim. App. 1989)
1989 OK CR 9