Opinion

Johnson v. State

  • 665 P.2d 815
  • 1982 OK CR 37
  • 1983 Okla. Crim. App. LEXIS 194
Court
Court of Criminal Appeals of Oklahoma
Filed
Feb 8, 1983
Status
Published
Author
Bussey
On the bench
Cornish, Bussey, Brett, Büssey
Cited by
71 cases

a final conviction is not necessary before an unrelated criminal offense can be admitted at sentencing because prior criminal activity is relevant to the continuing threat aggravating circumstance

How later courts described this case

  • a final conviction is not necessary before an unrelated criminal offense can be admitted at sentencing because prior criminal activity is relevant to the continuing threat aggravating circumstance
  • trial judge must apply a similar standard in ruling on a motion for directed verdict in the sentencing stage
  • remanded on other grounds

Written by the judges who cited it.

The opinion

BUSSEY, Presiding Judge,

concurring in part and dissenting in part:

I agree that the judgment should be affirmed, but I do not believe the majority correctly construes the legislative intent of our statute as prohibiting the remanding of a case for a resentencing hearing, or for a new trial when the only error occurs during the sentencing stage.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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