Opinion

Moore v. State

  • 740 P.2d 731
  • 1987 OK CR 149
  • 1987 Okla. Crim. App. LEXIS 434
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 13, 1987
Status
Published
Author
Bussey
On the bench
Parks, Brett, Bussey
Cited by
8 cases

The opinion

BUSSEY, Judge,

dissenting:

I must dissent to the reversal of this case. I am of the opinion that 63 O.S.1981, § 2-206(A)(4) is clear and unambiguous by its terms. I am not convinced that it is within the province of this Court to legislate an isometric derivative exception for cocaine into the statute where the statute clearly excludes, “coca leaves or extractions which do not contain cocaine or ecgo-nine.”

Furthermore, the evidence of appellant’s guilt is clear, convincing and cogent, and I am not persuaded the defense was deprived of any right to present evidence that the three ounces of the white powdery substance, which was sold for $6,600, was cough syrup or cold tablets, or that the State was required to resupply him with samples of the cocaine which he had illegally sold. I would affirm the judgment and sentence.

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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