# Scott v. State

> Court of Criminal Appeals of Oklahoma · October 14, 1988 · 763 P.2d 141

URL: https://www.frixlaw.com/law-library/cases/5162354

## Case

- **Full name:** Albert SCOTT, Jr. v. STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 14, 1988
- **Citations:** 763 P.2d 141; 1988 OK CR 232; 1988 Okla. Crim. App. LEXIS 250; 1988 WL 110972
- **Precedential status:** Published
- **Opinion:** Concurring in part by Parks
- **Judges:** Bussey, Brett, Parks
- **Cited by:** 1 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/5162354

## Opinion text

PARKS, Judge,
concurring in part and dissenting in part:
While I concur in the affirmance of the conviction, I agree with appellant’s contention that improper comments of the prosecutor resulted in an excessive sentence. As expressed by Judge Bussey in Freeman v. State, 681 P.2d 84, 86 (Okla.Crim.App.1984), “[i]n determining whether the sentence is excessive, we will consider the entire record, including improper matter received without objection, and, where justice requires, will modify the sentence.” Here, during closing argument, the prosecutor improperly attempted to incite societal alarm, align the jury with the State, and elicit sympathy for the victim. See Atterberry v. State, 731 P.2d 420, 423 (Okla.Crim.App.1986). Even in the absence of timely specific objections at trial, under Freeman, supra, I believe the improper comments of the prosecutor inflamed the jury so as to warrant modification. Such improper influence is evidenced by the fact that the jury sentenced appellant to fifty-five (55) years, whereas the prosecutor only recommended forty-five (45) years. See Ray v. State, 510 P.2d 1395, 1401 (Okla.Crim.App.1973). Accordingly, in the interests of justice, I would modify appellant’s fifty-five (55) year sentence to twenty-five (25) years.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5162354. Public record. Not legal advice.