# Barnett v. State

> Court of Criminal Appeals of Oklahoma · May 18, 1993 · 64 O.B.A.J. 1565

URL: https://www.frixlaw.com/law-library/cases/9580364

## Case

- **Full name:** Larry Floyd BARNETT, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** May 18, 1993
- **Citations:** 64 O.B.A.J. 1565; 853 P.2d 226; 1993 OK CR 26; 1993 Okla. Crim. App. LEXIS 29; 1993 WL 166416
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Lumpkin, Lane, Chapel, Johnson
- **Cited by:** 39 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/9580364

## Opinion text

JOHNSON, Vice Presiding Judge,
specially concurring:
While I specially concur with the decision of the Court herein I feel there are items *235 that must be pointed out relative to my concurrence. The Court has noted by footnote that the trial judge who tried this case, The Hon. Preston Trimble, made the note in his trial notes that the case should be modified from the sentence of death to life imprisonment. This is an exceedingly unpopular type of statement by a trial judge. .
If there is anyone who is in a position to oversee and/or monitor the evidence that comes into a case, it is the trial judge. He has the expertise to look at the evidence from a dispassionate point of view. I believe the trial judge that has the courage to make this sort of recommendation to this Court should be followed. Therefore, I acquiesce to the position of the trial judge and would also vote to affirm the conviction but modify the sentence to life imprisonment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9580364. Public record. Not legal advice.