# Simpson v. State

> Court of Criminal Appeals of Oklahoma · March 2, 1992 · 63 O.B.A.J. 713

URL: https://www.frixlaw.com/law-library/cases/9559693

## Case

- **Full name:** Melvin Eugene SIMPSON, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** March 2, 1992
- **Citations:** 63 O.B.A.J. 713; 827 P.2d 171; 1992 OK CR 13; 1992 Okla. Crim. App. LEXIS 14; 1992 WL 38557
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Lumpkin, Brett, Johnson, Parks
- **Cited by:** 15 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/9559693

## Opinion text

PARKS, Judge,
specially concurring:
I write separately to comment on appellant’s first assignment of error. This Court addressed a substantially similar argument in Wooten v. State, 702 P.2d 59 (Okl.Cr.1985), wherein we stated:
In his second assignment of error, appellant contends that 21 O.S.1981, § 11 precludes AFCF enhancement of this offense [Bringing Alcoholic Beverages Into a Penal Institution, After Former Conviction of a Felony]. That statute provides that when an act or omission is made a crime and punishment under one of the specific statutory sections and under the general criminal section, i.e. Title 21, the specific shall control the general. But, the second sentence of 21 O.S.1981, § 11 specifically permits AFCF enhancement under 21 O.S.1981, § 51; therefore, this assignment of error is without merit.
Id. at 61 (emphasis in original). Although the instant case concerns an attempted crime, I find that Wooten is applicable. Pursuant to Section 11, Section 51 permits AFCF enhancement notwithstanding that the attempt statute, 21 O.S.1981, § 42, contains specific sentencing guidelines.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9559693. Public record. Not legal advice.