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Baker v. State

Court of Criminal Appeals of Oklahoma
Oct 6, 1971
489 P.2d 770 (Okla. Crim. App. 1971)

Opinion

No. A-15572.

October 6, 1971.

An appeal from District Court of Lincoln County; Robert L. Foster, Judge.

Charles C. Yon, Oklahoma City, for plaintiff in error.

G.T. Blankenship, Atty. Gen., Duane Lobaugh, Asst. Atty. Gen., for defendant in error.


MEMORANDUM OPINION


Plaintiff in Error, James Burton Baker, hereafter referred to as defendant, was convicted in the District Court of Lincoln County in case number CRM-69-297, for reckless driving. Defendant, without assistance of counsel, entered a plea of guilty and was assessed a fine of $125.00, plus court costs, and sentenced to serve ten (10) days in the county jail. After posting cash bail of $400.00, defendant was released for one week but ordered to commence his confinement September 15, 1969. From that judgment and sentence this appeal was lodged.

From the record and briefs filed herein, this Court is of the opinion that the sentence imposed on defendant herein is excessive.

Therefore, the judgment and sentence imposed in CRM-69-297, in Lincoln County, is hereby modified to a fine of $125.00 and court costs, and as modified the judgment and sentence is affirmed.

NIX, J., concurs.


I agree that the judgment and sentence rendered on the plea of guilty should be affirmed, but since the punishment imposed was within the range provided by law, I disagree that it should be modified.


Summaries of

Baker v. State

Court of Criminal Appeals of Oklahoma
Oct 6, 1971
489 P.2d 770 (Okla. Crim. App. 1971)
Case details for

Baker v. State

Case Details

Full title:JAMES BURTON BAKER, PLAINTIFF IN ERROR, v. THE STATE OF OKLAHOMA…

Court:Court of Criminal Appeals of Oklahoma

Date published: Oct 6, 1971

Citations

489 P.2d 770 (Okla. Crim. App. 1971)
1971 OK CR 382