Opinion
Case No. PCD-2020-529
08-31-2021
Benjamin Robert COLE, Sr., Petitioner, v. The STATE of Oklahoma, Respondent.
ORDER VACATING PREVIOUS ORDER AND JUDGMENT GRANTING POST-CONVICTION RELIEF AND WITHDRAWING OPINION FROM PUBLICATION
¶1 Based on the Court's decision in State ex rel. Matloff v. Wallace , 2021 OK CR 21, ––– P.3d ––––, the previous order and judgment granting post-conviction relief in this case are hereby VACATED and SET ASIDE. The issuance of the mandate in this case was previously stayed by this Court on May 28, 2021, and no mandate has issued. The opinion in Cole v. State , 2021 OK CR 10 is WITHDRAWN . The Court will issue a separate order addressing Petitioner's claims for post-conviction relief at a later time.
¶2 IT IS SO ORDERED.