The opinion
LUMPKIN, Judge,
specially concurring.
I concur with the Court’s opinion on this case and write to further address the application of 22 O.S.1981, § 3. Title 22 O.S. 1981 , § 1, provides: “This chapter shall be known as the code of criminal procedure of the State of Oklahoma.” Title 22 O.S.1981, § 3 applies to the code of criminal procedure. Title 21 O.S.1981, § 1, provides: “This chapter shall be known as the penal code of the State of Oklahoma.” The provisions of Title 21, Oklahoma Statutes, must be interpreted under the ex post facto prohibition of either the Oklahoma or Federal Constitutions. Title 22 O.S.1981, § 3 is not applicable to the penal code of the State of Oklahoma contained in Title 21, Oklahoma Statutes.