Roselle v. State · 509 P.2d 486

Later courts went against this

Overruled on other grounds by Gilbert v. State, 1982 Okla. Crim. App. LEXIS 300 (1982)
509 P.2d 486, 488 (Okla. Crim. 1973), overruled on other grounds Gilbert v. State, 648 P.2d 1226, 1231 (OMa.
Court of Criminal Appeals of OklahomaJul 1, 1982other groundsmedium confidenceRead it

The opinion

BRETT, Judge

(specially concurring):

I concur in this decision. However, I feel compelled again to state my position *489 that this Court’s decision in Roselle v. State, Okl.Cr., 503 P.2d 1293 (1972) should be overruled, but my admonitions are cast upon deaf ears. In response to my contentions, I am informed concerning contempt appeals that the Writ of Mandamus may be obtained to cause the trial judge to insert a “formal judgment and sentence” into the record when such is not contained in the original record.

Therefore, I admonish trial attorneys, when contempt proceedings are encountered that they must insist that the trial judge insert a printed formal judgment and sentence form into the original record for appeal, if the appeal is to be taken to this Court. Otherwise, the purported appeal will be dismissed because of the absence thereof.

I concur in this decision. The same results should have been reached when the appeal was initially considered by this Court.