May 3, 1972.
An appeal from the District Court of Oklahoma County; Clarence Mills, Judge.
Claude Eugene Ross, Jr., seeks Post-Conviction Relief. Affirmed.
James W. Bill Berry and Rick Chew, Oklahoma City, for appellant.
Curtis P. Harris, Dist. Atty., James R. McKinney, Asst. Dist. Atty., Oklahoma City, for appellee.
This is an appeal from Denial of Post-Conviction Relief in the District Court of Oklahoma County, Oklahoma, Case Number 35531, wherein the appellant was charged by information with the crime of Grand Larceny, After Former Conviction of a Felony. The records reflect at various times he was represented by retained counsel, Valdhe F. Pitman and Mac Oyler; and that the case was tried to a jury, the appellant found guilty and sentenced to a term of ten (10) years in the state penitentiary. An appeal from that conviction was later perfected but dismissed by the Appellant and the dismissal therein is the major ground for complaint in the instant case. Appellant complains that the dismissal of the appeal was unwitting on his part, however, the record in this case fails to bear out that contention.
We also note after reviewing the records and the pleadings in this case that the trial court made findings of fact and conclusions of law which findings of fact and conclusions of law are supported by the record and are adopted by this Court and appended hereto.
Since no briefs were filed in this case within the time provided by this Court's rules, this matter was summarily submitted for consideration on the record for fundamental or prejudicial error only. An examination of the record and the pleadings in this case indicates there is no fundamental or prejudicial error nor anything to indicate that the conviction is constitutionally infirm.
For the reasons herein stated, the trial court's denial of Post-Conviction Relief is affirmed, and Appellant is advised that he has now exhausted all of his State remedies.
BUSSEY, P.J., concurs.
BRETT, J., concurs in result. 35531 POST-CONVICTIONS — FINDINGS 22-1080Grand Larceny After Former Conviction of a Felony. Tried to a jury. Verdict guilty punishment assessed at 10 years. Sentenced April 28, 1969, to confinement for ten years. September 2, 1971. Deny petition in all respects. No. Defendant for himself on May 22, 1969, filed in this case a dismissal of appeal. No. No. No. This man with an able attorney of his own choice was tried to a jury, with results above noted, and dismissed any appeal. Defendant has not been deprived of any constitutional or statutory right. Sam v. State, Okla. Cr. 425 P.2d 619. He dismissed his appeal and (as stated in his petition) has ever since been in custody. Harvey v. State, Okla. Cr. 444 P.2d 471. Denied. September 2, 1971. (s) Clarence MillsSummary No. 7 IN THE DISTRICT COURT, OKLAHOMA COUNTY, OKLAHOMA THE STATE OF OKLAHOMA, | DISTRICT COURT CASE NO. Plaintiff, | _______________________________________ vs. COURT OF CRIMINAL APPEALS NO. ________ CLAUDE EUGENE ROSS, JR. | CITATION NO. _________________________ __________________________________ | Defendant. | _______________________________________ (Title 22, O.S.Supp. 1970, #1080  et seq) Original Charge: ____________________________________________________________________________ Judgment and sentence: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Application for Post-Conviction relief filed: Response of District Attorney: Was form authorized by Court of Criminal Appeals used? A. Proceeding in Court of Criminal Appeals, if any: Is there a genuine issue of material fact? A. Is an evidentiary hearing necessary? A. Is the testimony of the Trial Judge material to such a hearing? A. Findings of fact: __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Conclusions of law: __________________________________________________________ __________________________________________________________ Order: Date: (This order to be filed by the Clerk as a part of the minutes in this case). DISTRICT JUDGE ____________________________ Court Reporter Present