Morrow v. State

1973 OK CR 363, 513 P.2d 880

Opinions

BUSSEY, Judge:

John D. Morrow, Jr., hereinafter referred to as defendant, entered pleas of guilty in the District Court of Oklahoma County, Cases No. CRF-72-1558 and CRF-72-1596, to two offenses of Robbery with Firearms; his punishment was fixed at twenty-five (25) years in each case to run consecutively, and from said judgments and sentences a timely Writ of Cer-tiorari has been perfected to this Court.

The sole proposition asserts that the punishment is excessive. We are of the opinion that this proposition is well taken. The pre-sentence report reflects that the defendant, age 26, with four years of college, committed both robberies on the same evening because “my family did not have the food, clothing, and we were threatened to be without shelter.” The pre-sentence report further reflects that the defendant had only a conviction of a traffic offense in 1966 and a trespassing conviction in 1971. Although this Court certainly does not condone the commission of armed robbery to provide for one’s family, we are of the opinion that considering all the circumstances, the sentence is excessive. The judgments and sentences are accordingly modified to run concurrently, and as so modified, the judgments and sentences are affirmed.

BLISS, P. J., concurs. BRETT, J., concurs in part, and dissents in part.