# Borden v. State

> Court of Criminal Appeals of Oklahoma · November 25, 1985 · 710 P.2d 116

URL: https://www.frixlaw.com/law-library/cases/5160493

## Case

- **Full name:** Christopher Paul BORDEN v. The STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** November 25, 1985
- **Citations:** 710 P.2d 116; 1985 OK CR 151; 1985 Okla. Crim. App. LEXIS 307
- **Precedential status:** Published
- **Opinion:** Dissent by Parks
- **Judges:** Brett, Bussey, Parks
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5160493

## Opinion text

PARKS, Presiding Judge,
dissenting:
The advisory jury employed herein is neither authorized by our state constitution or by statute. Instead, our cases indicate that it is the duty of the trial court to impose sentence after a plea. Ex Parte Mougell, 96 Okl.Cr. 354 , 255 P.2d 297 (1954). Accord Pettigrew v. Page, 444 P.2d 241 (Okl.Cr.1968). In fact, we have held the State has no right to have a jury summoned to consider punishment after a plea of guilty. Headrick v. Couch, 539 P.2d 748 (Okl.Cr.1975). It is certainly not an inherent power possessed by the trial court to call such a jury. It is clear the appellant was prejudiced by this unauthorized procedure, as the trial judge followed the jury’s “recommendation.” Accordingly, I dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5160493. Public record. Not legal advice.