Boyce v. State

Court of Criminal Appeals of Oklahoma

Boyce v. State

1973 OK CR 58, 506 P.2d 570, 1973 Okla. Crim. App. LEXIS 412

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 6, 1973

DocketNo. A-16942

StatusPublished

Cited by1 cases

This text of 1973 OK CR 58 (Boyce v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boyce v. State, 1973 OK CR 58, 506 P.2d 570, 1973 Okla. Crim. App. LEXIS 412 (Okla. Ct. App. 1973).

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Opinion

BUSSEY, Judge.

Appellant, Danny Eugene Boyce, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, for the offenses of Possession of Marihuana (CRF-70-3331) and Possession of Narcotics (CRF-70-3379). His punishment was fixed at three (3) years imprisonment on the narcotics charge and four (4) years imprisonment on the marihuana charge, such sentences being subsequently suspended by the trial court. From said judgments and sentences a timely appeal has been perfected to this Court.

We do not deem it necessary to recite a statement of facts, in that the same was set forth in detail in the companion case of Bednar and Hall v. State, Okl.Cr., 506 P.2d 568, handed down this date.

For the reasons set forth in Bednar and Hall v. State, supra, we are of the opinion that the judgments and sentences must be reversed and remanded with instructions to dismiss.

BLISS, P. J., and BRETT, J., concur.

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BUSSEY, Judge.

Appellant, Danny Eugene Boyce, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, for the offenses of Possession of Marihuana (CRF-70-3331) and Possession of Narcotics (CRF-70-3379). His punishment was fixed at three (3) years imprisonment on the narcotics charge and four (4) years imprisonment on the marihuana charge, such sentences being subsequently suspended by the trial court. From said judgments and sentences a timely appeal has been perfected to this Court.

We do not deem it necessary to recite a statement of facts, in that the same was set forth in detail in the companion case of Bednar and Hall v. State, Okl.Cr., 506 P.2d 568, handed down this date.

For the reasons set forth in Bednar and Hall v. State, supra, we are of the opinion that the judgments and sentences must be reversed and remanded with instructions to dismiss.

BLISS, P. J., and BRETT, J., concur.

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Bluebook (online)

1973 OK CR 58, 506 P.2d 570, 1973 Okla. Crim. App. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-v-state-oklacrimapp-1973.

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