Whiteman v. Oklahoma City

Court of Criminal Appeals of Oklahoma

Whiteman v. Oklahoma City

1971 OK CR 485, 491 P.2d 334, 1971 Okla. Crim. App. LEXIS 1023

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 17, 1971

DocketNo. A-I689I

StatusPublished

This text of 1971 OK CR 485 (Whiteman v. Oklahoma City) 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

Whiteman v. Oklahoma City, 1971 OK CR 485, 491 P.2d 334, 1971 Okla. Crim. App. LEXIS 1023 (Okla. Ct. App. 1971).

Pincite

Opinion

BUSSEY, Presiding Judge:

Wendell Dean Whiteman, hereinafter referred to as defendant, was charged, tried, and convicted in the Municipal Criminal Court of Record of the City of Oklahoma City, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor; was sentenced to serve ten (10) days imprisonment and pay a fine of One Hundred ($100.00) Dollars and costs, and appeals.

Although this cause was filed in August, no brief was filed within the time provided by law, nor a valid extension thereof, but instead, defendant filed an application to submit the cause on the record. Under such circumstances we follow the rule that where no briefs are filed within the time allowed by the rules of this Court, or a valid extension thereof, the Court will examine the record for fundamental error only, and if no error appears, the judgment and sentence will be affirmed.

We have carefully examined the record, and finding no error that would justify modification or reversal, the judgment and sentence is accordingly affirmed.

BRETT, J., concurs.

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BUSSEY, Presiding Judge:

Wendell Dean Whiteman, hereinafter referred to as defendant, was charged, tried, and convicted in the Municipal Criminal Court of Record of the City of Oklahoma City, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor; was sentenced to serve ten (10) days imprisonment and pay a fine of One Hundred ($100.00) Dollars and costs, and appeals.

Although this cause was filed in August, no brief was filed within the time provided by law, nor a valid extension thereof, but instead, defendant filed an application to submit the cause on the record. Under such circumstances we follow the rule that where no briefs are filed within the time allowed by the rules of this Court, or a valid extension thereof, the Court will examine the record for fundamental error only, and if no error appears, the judgment and sentence will be affirmed.

We have carefully examined the record, and finding no error that would justify modification or reversal, the judgment and sentence is accordingly affirmed.

BRETT, J., concurs.

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Bluebook (online)

1971 OK CR 485, 491 P.2d 334, 1971 Okla. Crim. App. LEXIS 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiteman-v-oklahoma-city-oklacrimapp-1971.