trial court questioned defendant on the record in a capital case and determined that the defendant wished to follow the advice of his attorney which resulted in the waiver of closing argument during sentencing stage
How later courts described this case
- trial court questioned defendant on the record in a capital case and determined that the defendant wished to follow the advice of his attorney which resulted in the waiver of closing argument during sentencing stage
Written by the judges who cited it.
The opinion
PARKS, Judge,
specially concurring:
Although I concur in the affirmance of the judgment and sentence of the appellant, I write separately to point out that I have conducted a proportionality review in accordance with my view that the application of 21 O.S.Supp.1985, § 701.13(C) to cases pending on appeal at the time the statute was passed renders the enactment an ex post facto law. See Green v. State, 713 P.2d 1032 , 1041 n. 4 (Okl.Cr.1985). I have compared the sentence imposed herein with those previous cases either affirmed or modified by this Court, see Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), and cases cited in Brecheen v. State, 732 P.2d 889, 900 (Okl.Cr.1987) (Parks, J., specially concurring), and find the sentence to be proper.