Limon v. State

Court of Criminal Appeals of Oklahoma

Limon v. State

1969 OK CR 119, 453 P.2d 263, 1969 Okla. Crim. App. LEXIS 434

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 9, 1969

DocketA-15058

StatusPublished

Cited by3 cases

This text of 1969 OK CR 119 (Limon 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

Limon v. State, 1969 OK CR 119, 453 P.2d 263, 1969 Okla. Crim. App. LEXIS 434 (Okla. Ct. App. 1969).

Pincite

Opinion

BUSSEY, Judge.

Phillip Limón, defendant below, tried and convicted by a jury in Oklahoma County for the crime of Possession of Marijuana, and the sentencing was left to the court; said court sentencing the defendant to three years imprisonment in the state penitentiary, and he appeals.

The conviction in the trial court was based on the introduction of marijuana found by officers who entered the premises under authority of a search warrant issued by a magistrate, based upon an affidavit which fails to meet the standard set forth in Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637, delivered by the Supreme Court of the United States on January 27, 1969, which we have discussed in Leonard v. State, Okl.Cr., 453 P.2d 257, handed down this date.

In accordance with Spinelli v. United States, supra, we must reverse and remand this case, and since the evidence was seized under authority of a search warrant based upon an affidavit not in compliance with Spinelli, supra, the trial court is instructed to dismiss this cause. Reversed and remanded with instructions to dismiss.

BRETT, Presiding Judge.

See Special Concurring opinion in Leonard v. State, delivered this date.

Free access — add to your briefcase to read the full text and ask questions with AI