Opinion

Garcia v. State

  • 43 O.B.A.J. 3017
  • 501 P.2d 1128
  • 1972 OK CR 174
  • 1972 Okla. Crim. App. LEXIS 654
Court
Court of Criminal Appeals of Oklahoma
Filed
Oct 26, 1972
Status
Published
Author
Brett
On the bench
Bussey, Bailey, Brett
Cited by
8 cases

The opinion

BRETT, Judge

(specially concurring).

I would modify this sentence to life imprisonment, because of the admitted error concerning the cross-examination of Roy M. Sullivan, Jr. In my opinion, the rule contained in Blanck v. State, supra, is not sufficient to support the conclusion that the error is “harmless” or “cured,” when the death penalty is assessed. The defendant in Blanck v. State, supra, was convicted for acting under false pretenses in an Indian land transaction, and was sentenced to serve two years in the state penitentiary. The difference between the sentences in Blanck v. State, supra, and the instant case, is too vast for comparison and to serve the purpose herein intended. While the purpose of cross-examination may seem to have been fulfilled, I believe any doubt, as to whether or not it was, should be resolved in defendant’s favor. Therefore, I would modify this sentence to life imprisonment. Otherwise, I agree the defendant received a fair trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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