Opinion

Posey v. State

  • 62 O.B.A.J. 471
  • 805 P.2d 687
  • 1991 OK CR 16
  • 1991 Okla. Crim. App. LEXIS 12
  • 1991 WL 11064
Court
Court of Criminal Appeals of Oklahoma
Filed
Feb 5, 1991
Status
Published
Author
Parks
On the bench
Brett, Johnson, Lane, Lumpkin, Parks
Cited by
4 cases

The opinion

PARKS, Judge,

specially concurring:

Under the facts and circumstances of this case, I agree that appellant was properly convicted of both Feloniously Carrying a Firearm and Use of a Firearm in the Commission of a Felony. I wish to note, however, that I would find it improper under the Double Jeopardy Clause to convict a defendant of both of these crimes in the absence of an independent underlying felony. Because such an underlying felony was in fact charged and proved in the present ease, that being Unlawful Delivery of a Controlled Dangerous Substance, I concur in the affirmance of the convictions.

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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