Opinion

Nash v. State

  • 685 P.2d 972
  • 1984 OK CR 78
  • 1984 Okla. Crim. App. LEXIS 190
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 25, 1984
Status
Published
Author
Parks
On the bench
Bussey, Parks, Brett
Cited by
7 cases

The opinion

PARKS, Judge,

specially concuring:

With regard to appellant’s second assignment of error, I believe an instruction more closely mirroring the statute would be the better practice. Rather than tell the jury, “punishment is not to be considered by you at this stage of the proceeding,” an instruction that, “at this point, punishment shall not be determined,” will have less chance of prejudicing the defendant. Even so, I cannot say that in this case appellant suffered such prejudice to require reversal.

I concur in the court’s opinion in all other respects.

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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