Cleere v. State

Court of Criminal Appeals of Oklahoma

Cleere v. State

1966 OK CR 23, 411 P.2d 249, 1966 Okla. Crim. App. LEXIS 203

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 16, 1966

DocketNo. A-13800

StatusPublished

This text of 1966 OK CR 23 (Cleere 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.

Bluebook

Cleere v. State, 1966 OK CR 23, 411 P.2d 249, 1966 Okla. Crim. App. LEXIS 203 (Okla. Ct. App. 1966).

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Opinion

NIX, Judge.

Russell Cleere, hereinafter referred to as the defendant, was convicted of the crime of Robbery First Degree in the District Court of Oklahoma County and sentenced to Five Years in the penitentiary. From that judgment and sentence he has attempted to appeal to this Court. The State has filed a Motion to Dismiss, alleging that this Court does not have jurisdiction.

It appears from the record before us that judgment and sentence was rendered on March 22, 1965. No extension of time in which to file appeal in the Court of Criminal Appeals was ever issued within the original three months allowed by statute, said time expiring on June 22, 1965. Thereafter, on July 20, 1965, there appears in the casemade an order purporting to extend the time for taking appeal. This order is a nullity. Time in which to file appeal expired on June 22, 1965, and judgment and sentence should have been executed at that time.

This Court set forth in detail the statute and law regarding this question in the recent case of Gershon v. State, Okl.Cr., 410 P.2d 563, opinion handed down Jan. 26, 1966.

The Motion to Dismiss is sustained, and the attempted appeal is hereby dismissed.

BUSSEY, P. J., and BRETT, J., concur.

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NIX, Judge.

Russell Cleere, hereinafter referred to as the defendant, was convicted of the crime of Robbery First Degree in the District Court of Oklahoma County and sentenced to Five Years in the penitentiary. From that judgment and sentence he has attempted to appeal to this Court. The State has filed a Motion to Dismiss, alleging that this Court does not have jurisdiction.

It appears from the record before us that judgment and sentence was rendered on March 22, 1965. No extension of time in which to file appeal in the Court of Criminal Appeals was ever issued within the original three months allowed by statute, said time expiring on June 22, 1965. Thereafter, on July 20, 1965, there appears in the casemade an order purporting to extend the time for taking appeal. This order is a nullity. Time in which to file appeal expired on June 22, 1965, and judgment and sentence should have been executed at that time.

This Court set forth in detail the statute and law regarding this question in the recent case of Gershon v. State, Okl.Cr., 410 P.2d 563, opinion handed down Jan. 26, 1966.

The Motion to Dismiss is sustained, and the attempted appeal is hereby dismissed.

BUSSEY, P. J., and BRETT, J., concur.

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Bluebook (online)

1966 OK CR 23, 411 P.2d 249, 1966 Okla. Crim. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleere-v-state-oklacrimapp-1966.

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