Hendricks v. State

1972 OK CR 123, 497 P.2d 425

Opinions

BUSSEY, Presiding Judge:

Scot Hendricks, hereinafter referred to as defendant, was charged and tried in the District Court of Jackson County, Oklahoma, for the offense of Murder; he was found guilty of Manslaughter in the First Degree; his punishment was fixed at four (4) years imprisonment, and from said judgment and sentence, an appeal has been perfected to this Court. This cause was lodged in this Court on June 25, 1971. Defendant’s brief was due to be filed by June 29, 1971; however, upon defendant’s request, defendant was granted an extension of time in which to file his brief until October 1, 1971. No brief was filed, nor was an extension of time in which to file a brief requested thereafter. On December 9, 1971, by Order of this Court, the cause was summarily submitted for opinion in accordance with the rules of this Court.

We have consistently held that where the defendant appeals from a judgment of conviction, and no briefs are filed in support of the petition in error, this Court will examine the Records only for fundamental error. If none appears on record, the judgment will be affirmed. Enoch v. Oklahoma City, Okl.Cr., 444 P.2d 856.

We have carefully examined the record and reviewed the testimony and petition in error in the instant case and find no fundamental error. The record discloses that defendant was afforded a fair and impartial trial and the evidence was sufficient to support the verdict of the jury. There being no apparent error in the record on appeal, it is the opinion of this Court that the judgment and sentence should be, and the same is hereby, affirmed.