Bradshaw v. State

Court of Criminal Appeals of Oklahoma

Bradshaw v. State

1985 OK CR 34, 697 P.2d 168, 1985 Okla. Crim. App. LEXIS 202

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 20, 1985

DocketNo. F-83-541

StatusPublished

Cited by2 cases

This text of 1985 OK CR 34 (Bradshaw 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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Bradshaw v. State, 1985 OK CR 34, 697 P.2d 168, 1985 Okla. Crim. App. LEXIS 202 (Okla. Ct. App. 1985).

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MEMORANDUM OPINION

BUSSEY, Presiding Judge:

The appellant, James Titus Bradshaw, was convicted of First Degree Robbery, After the Former Conviction of Two Felonies, in Comanche County District Court, Case No. CRF-83-40, and was sentenced to thirty-five (35) years’ imprisonment. He now appeals.

For the purpose of this opinion, we deem it unnecessary to set forth the facts.

The appellant raises three assignments of error, two of which were not raised in his motion for new trial.¹ Consequently, the two alleged errors have not been preserved for appellate review. See Nutter v. State, 658 P.2d 492 (Okl.Cr.1983); McDuffie v. State, 651 P.2d 1055 (Okl.Cr.1982).

In his only assignment of error properly preserved for review, the appellant asserts that the trial court committed reversible error when it failed to instruct [170]*170the jury that the prior inconsistent statements of the appellant’s alibi witness could be used only to impeach her credibility as a witness. The record, however, reflects the appellant did not object to the court’s instructions nor did he submit any requested instructions. We have previously held that in the absence of such a request, the appellant has waived error, if any. Kelsey v. State, 569 P.2d 1028 (Okl.Cr.1977); Luckey v. State, 529 P.2d 994 (Okl.Cr.1974). We have carefully examined the court’s instructions and find that they adequately covered the subject of inquiry.

Accordingly, the judgment and sentence is AFFIRMED.

PARKS, J., concurs.

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MEMORANDUM OPINION

BUSSEY, Presiding Judge:

The appellant, James Titus Bradshaw, was convicted of First Degree Robbery, After the Former Conviction of Two Felonies, in Comanche County District Court, Case No. CRF-83-40, and was sentenced to thirty-five (35) years’ imprisonment. He now appeals.

For the purpose of this opinion, we deem it unnecessary to set forth the facts.

The appellant raises three assignments of error, two of which were not raised in his motion for new trial.¹ Consequently, the two alleged errors have not been preserved for appellate review. See Nutter v. State, 658 P.2d 492 (Okl.Cr.1983); McDuffie v. State, 651 P.2d 1055 (Okl.Cr.1982).

In his only assignment of error properly preserved for review, the appellant asserts that the trial court committed reversible error when it failed to instruct [170]*170the jury that the prior inconsistent statements of the appellant’s alibi witness could be used only to impeach her credibility as a witness. The record, however, reflects the appellant did not object to the court’s instructions nor did he submit any requested instructions. We have previously held that in the absence of such a request, the appellant has waived error, if any. Kelsey v. State, 569 P.2d 1028 (Okl.Cr.1977); Luckey v. State, 529 P.2d 994 (Okl.Cr.1974). We have carefully examined the court’s instructions and find that they adequately covered the subject of inquiry.

Accordingly, the judgment and sentence is AFFIRMED.

PARKS, J., concurs.

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1985 OK CR 34, 697 P.2d 168, 1985 Okla. Crim. App. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-state-oklacrimapp-1985.

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