# Roselle v. State

> Court of Criminal Appeals of Oklahoma · April 18, 1973 · 509 P.2d 486

URL: https://www.frixlaw.com/law-library/cases/9557639

## Case

- **Full name:** Joe L. ROSELLE, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** April 18, 1973
- **Citations:** 509 P.2d 486; 1973 OK CR 213
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Bliss, Brett
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Gilbert v. State, 1982 Okla. Crim. App. LEXIS 300 (1982).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9557639

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9557639. Public record. Not legal advice.