# Posey v. State

> Court of Criminal Appeals of Oklahoma · February 5, 1991 · 62 O.B.A.J. 471

URL: https://www.frixlaw.com/law-library/cases/9789525

## Case

- **Full name:** Troy Edward POSEY, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** February 5, 1991
- **Citations:** 62 O.B.A.J. 471; 805 P.2d 687; 1991 OK CR 16; 1991 Okla. Crim. App. LEXIS 12; 1991 WL 11064
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Brett, Johnson, Lane, Lumpkin, Parks
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9789525

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9789525. Public record. Not legal advice.