Flowers v. State

Court of Criminal Appeals of Oklahoma

Flowers v. State

1970 OK CR 198, 478 P.2d 962, 1970 Okla. Crim. App. LEXIS 417

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 2, 1970

DocketNo. A-15526

StatusPublished

Cited by2 cases

This text of 1970 OK CR 198 (Flowers 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

Flowers v. State, 1970 OK CR 198, 478 P.2d 962, 1970 Okla. Crim. App. LEXIS 417 (Okla. Ct. App. 1970).

Pincite

Opinion

MEMORANDUM OPINION

NIX, Judge.

This is an appeal from the District Court of Pottowatomie County wherein the defendant was charged with Burglary Second Degree, After Former Conviction of a Felony. He was tried before a jury, found guilty and sentenced to 20 years in confinement. The defendant appeals to this Court asserting that it constituted error for the trial judge to permit the records of the Oklahoma State Penitentiary with picture attached showing a “four time loser”, and statistics, in order to prove that he was the same person who had been formerly convicted of a felony. This Court passed on the question in a companion case, Bean v. State, Okl.Cr., 392 P.2d 753. In that case we held that defendant's prison record was inadmissible to prove a former conviction, and that it was prejudicial to defendant’s cause and was grounds for modification. This Court applies the same rationale in the instant case and hereby modifies said sentence from 20 years to 12 years, and otherwise affirm the judgment and sentence of the lower court.

Modified and affirmed.

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

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MEMORANDUM OPINION

NIX, Judge.

This is an appeal from the District Court of Pottowatomie County wherein the defendant was charged with Burglary Second Degree, After Former Conviction of a Felony. He was tried before a jury, found guilty and sentenced to 20 years in confinement. The defendant appeals to this Court asserting that it constituted error for the trial judge to permit the records of the Oklahoma State Penitentiary with picture attached showing a “four time loser”, and statistics, in order to prove that he was the same person who had been formerly convicted of a felony. This Court passed on the question in a companion case, Bean v. State, Okl.Cr., 392 P.2d 753. In that case we held that defendant's prison record was inadmissible to prove a former conviction, and that it was prejudicial to defendant’s cause and was grounds for modification. This Court applies the same rationale in the instant case and hereby modifies said sentence from 20 years to 12 years, and otherwise affirm the judgment and sentence of the lower court.

Modified and affirmed.

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

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Bluebook (online)

1970 OK CR 198, 478 P.2d 962, 1970 Okla. Crim. App. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-state-oklacrimapp-1970.

Opinion

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