Baker v. State, A--17100
| Decision Date | 26 April 1972 |
| Docket Number | No. A--17100,A--17100 |
| Citation | 496 P.2d 1195 |
| Parties | Leonard Joe BAKER, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Leonard Joe Baker, Appellant herein, was charged in the District Court of Kay County, Case No. CRF--70--161, with the crime of Burglary Second Degree. He was tried by a jury, found guilty, and punishment assessed at Two (2) Years in the penitentiary. Although Appellant was represented by court-appointed counsel, he was free on bail, and is now free on $2,500.00 appeal bond.
A review of the original record filed herein reveals that there is no formal judgment and sentence filed in this case.
This Court has repeatedly held that although an appeal to the Court of Criminal Appeals may be taken by a defendant as a matter of constitutional right from any judgment rendered against him, appeal must be taken in manner prescribed applicable by statutes and Rules of this Court. See, Anderson v. District Court of Oklahoma County, Okl.Cr., 427 P.2d 437 (1967). Gershon v. State, Okl.Cr., 426 P.2d 822 (1967). Rose v. State, Okl.Cr., 425 P.2d 1000 (1967). Dufour v. State, Okl.Cr., 415 P.2d 604 (1966). Block v. State, Okl.Cr., 415 P.2d 491 (1966). Hickman v. State, Okl.Cr., 415 P.2d 195 (1966).
Title 22, O.S.1971, § 1051(b), states:
'The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals; and the Court of Criminal Appeals shall provide by court rules, which will have the force of statute, and be in furtherance of this method of appeal: (1) The procedure to be followed by the trial courts in the preparation and authentication of transcripts and records in cases appealed under this act; * * *.'
The Rules of the Court of Criminal Appeals, (22 O.S.1971, Ch. 18--Appendix) provide the method of taking an appeal under Part II, titled 'Procedures for Regular Appeal from Conviction.'
Rule 2.2, in setting forth requirements of perfecting an appeal to this Court, provides the definition of judgment and sentence as:
(emphasis ours)
When an appeal is lodged in this Court from alleged judgment of conviction, and the transcript or original record contains no copy of the formal judgment and...
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Duvall v. State
...Robinson v. State, 501 P.2d 215, 216 (Okl.Cr.1968) (same); Jones v. State, 499 P.2d 482, 484 (Okl.Cr.1972) (same); Baker v. State, 496 P.2d 1195, 1196 (Okl.Cr.1972) (no judgment and sentence, and no attempt to supplement record with it); Leigh v. Johnson, 440 P.2d 375, 379 (Okl.Cr.1968) (wh......
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Quick v. City of Tulsa, PC--75--520
...is true that it is a jurisdictional necessity that the record on appeal contain a formal instrument of judgment and sentence, Baker v. State, Okl.Cr., 496 P.2d 1195, the defendant's contention in this case is without merit for two reasons. First, the attempted appeal filed on June 20 was no......
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Roselle v. State, A--17319
...the original record reflects no formal judgment and sentence filed in this case, a jurisdictionally fatal omission. Baker v. State, Okl.Cr., 496 P.2d 1195 (1972). The second reason grows out of a question of first impression in the state of Oklahoma; that is whether contempt is to be classe......
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Jones v. State, A--17490
...not acquire jurisdiction of the appeal and the same shall be dismissed. Condo v. State, Okl.Cr., 389 P.2d 648 (1964); Baker v. State, Okl.Cr., 496 P.2d 1195 (1972). It is, therefore, the opinion of this Court that the attempted appeal filed herein should be dismissed for the reason that thi......