# Garcia v. State

> Court of Criminal Appeals of Oklahoma · October 26, 1972 · 43 O.B.A.J. 3017

URL: https://www.frixlaw.com/law-library/cases/9550113

## Case

- **Full name:** Abelardo Llamas GARCIA, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 26, 1972
- **Citations:** 43 O.B.A.J. 3017; 501 P.2d 1128; 1972 OK CR 174; 1972 Okla. Crim. App. LEXIS 654
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Bussey, Bailey, Brett
- **Cited by:** 8 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/9550113

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550113. Public record. Not legal advice.