Robinson v. State
| Decision Date | 06 September 1972 |
| Docket Number | No. A--17312,A--17312 |
| Citation | 501 P.2d 215 |
| Parties | Donald Eugene ROBINSON, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Donald Eugene Robinson, during the course of a jury trial in the District Court of Oklahoma County wherein he was charged with the offense of Carrying a Concealed Weapon, After Former Conviction of a Felony, and subsequently pled guilty to the lesser included offense of Carrying a Concealed Weapon; was found guilty of Contempt of Court and summarily sentenced to a term of six months in the County Jail and fined the sum of $1,000.00 by District Judge Harry L. S. Halley.
Without reaching the merits of the purported appeal or the Motion to Dismiss filed by the Attorney General and the Response to said Motion, we are compelled to consider a pleading filed by the appellant and styled, 'Application to Enlarge Record to Include Previously Designated Instruments.'
By that application, appellant advised this Court, inter alia:
An examination of the original record erveals that, in fact, there is no judgment and sentence, and further, an examination of the Designation of Record reveals that the judgment and sentence was Not designated.
This Court has since received, by mail, from attorneys for the appellant, two instruments which purport to be certified copies of the judgment and sentence. While both instruments bear the Court Clerk's certification stamp, and the signature of the sentencing Judge, neither bears the filing stamp required for compliance with 22 O.S.1971, § 977, and leave some doubt as to whether the instruments are actually of record. We note further the judgment and sentence received August 2, 1972, differs materially from the purported judgment and sentence in that the former appears to be a standard criminal form, while the latter is the form used for indirect civil contempt by reason of the willful failure and refusal to comply with an order of the court directing payment, a set of facts which bears no resemblance to the record in the instant case.
Notwithstanding the duplicitous flurry of tardy documentation, the...
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Duvall v. State
...v. City of Tulsa, 542 P.2d 961, 964-65 (Okl.Cr.1975) (judgment and sentence necessary for this Court's jurisdiction); 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 judg......
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Roselle v. State, A--17319
...dissent to this decision. On September 9, 1972, this Court dismissed the appeal from a direct contempt citation in Robinson v. State, Okl.Cr., 501 P.2d 215, for similar reasons without explaining what is meant by a 'formal judgment and sentence' in direct contempt proceedings. So far as I k......
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Robinson v. State, 17825
...a god damn liar.' The record reflects the original appeal from the judgment and sentence of contempt was dismissed by Order of this Court, 501 P.2d 215, on September 6, 1972 on a jurisdictional defect and rehearing was denied on September 29, 1972. Thereafter, appellant filed an application......