# Chaney v. Brown

> Court of Criminal Appeals of Oklahoma · April 25, 1985 · 699 P.2d 159

URL: https://www.frixlaw.com/law-library/cases/9548063

## Case

- **Full name:** Larry Leon CHANEY, Petitioner, v. John N. BROWN, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma, Respondent
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** April 25, 1985
- **Citations:** 699 P.2d 159; 1985 OK CR 47; 1985 Okla. Crim. App. LEXIS 213
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Brett, Parks, Bussey
- **Cited by:** 9 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/9548063

## Opinion text

PARKS, Presiding Judge,
specially concurring:
I write separately only to emphasize that it is our State statute, not the United States or Oklahoma constitution, which prohibits resentencing of this appellant. As Judge Brett has explained in the course of his opinion, 21 O.S.1981, § 701.13(E) allows this Court one remedy only if error has tainted the validity of the sentencing stage of trial, and that is to modify the sentence to life imprisonment. The Attorney General’s public policy arguments against this statute are therefore better addressed to the Legislature, rather than this Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548063. Public record. Not legal advice.