# Burnett v. State

> Court of Criminal Appeals of Oklahoma · August 18, 1988 · 760 P.2d 825

URL: https://www.frixlaw.com/law-library/cases/9548724

## Case

- **Full name:** Johnny Albert BURNETT, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** August 18, 1988
- **Citations:** 760 P.2d 825; 1988 OK CR 161; 1988 Okla. Crim. App. LEXIS 175; 1988 WL 88112
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Brett, Bussey, Parks
- **Cited by:** 5 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/9548724

## Opinion text

PARKS, Judge,
specially concurring:
Although I concur, I cannot join that portion of the majority opinion, regarding appellant’s final assignment of error, to the extent it can be read to hold that the prosecution concealed Mr. Morgan’s prior conviction for armed robbery in Texas in 1974. Appellant has not cited any portion of the record to show that the prosecutor had knowledge of Mr. Morgan’s previous conviction prior to or during trial. See Rules of the Court of Criminal Appeals, Rule 3.5(A)(5), 22 O.S.1981, Ch. 18, App. Absent record support that the prosecutor knowingly failed to divulge the prior conviction of a key witness, appellant’s claim must be rejected.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548724. Public record. Not legal advice.