Opinion

Cartwright v. State

778 P.2d 479
1989 OK CR 41
1989 Okla. Crim. App. LEXIS 45
1989 WL 84537

Court: Court of Criminal Appeals of Oklahoma
Filed: Jul 31, 1989
Status: Published
Author: Parks
On the bench: Busséy, Lane, Brett, Lumpkin, Parks
Cited by: 15 cases
Authority: More cited than 12.9%

The opinion

PARKS, Presiding Judge,

dissenting.

I dissent for the reasons stated in my opinion in Dutton v. Dixon, 757 P.2d 376 (Okla.Crim.App.1988). I would emphasize that under 22 O.S.1981, § 3, the resentenc-ing provision codified at 21 O.S.Supp.1985, § 701.13(E)(2), is not to be applied retroactively “unless expressly so declared.” Because retroactivity was not “expressly so declared” by the Oklahoma Legislature, the resentencing amendment should not be applied retroactively. Dutton, 757 P.2d at 381 .

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