Rodrick v. State, A--13762

• Decision Date: 30 March 1966
• Docket Number: No. A--13762,A--13762
• Citation: 412 P.2d 965
• Parties: Ira David RODRICK, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 965

412 P.2d 965

Ira David RODRICK, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

No. A--13762.

Court of Criminal Appeals of Oklahoma.

March 30, 1966.

Syllabus by the Court

1. Appeal from judgment and sentence in criminal action may be taken as a matter of right, but manner of taking same is proper matter of legislative control, and statutes prescribing manner in which an appeal can be taken are mandatory.

2. The Court of Criminal Appeals is without jurisdiction to entertain an appeal not perfected within the time allowed by statute, or a lawful extension thereof.

Appeal from the Superior Court of Comanche County; Robert S. Landers, Judge.

Ira David Rodrick was convicted of the crime of forgery in the second degree, and appeals. Appeal dismissed.

O. B. Martin, Oklahoma City, for plaintiff in error.

Charles Nesbitt, Atty. Gen., James R. Fuson, Asst. Atty. Gen., for defendant in error.

BRETT, Judge:

This is an attempted appeal from a conviction sustained by the plaintiff in error, defendant below, in the Superior Court of Comanche County, for forgery in the second degree.

The Attorney General has filed a motion to dismiss the appeal, for the reason that the case made was not prepared, served, settled and filed in the Court of Criminal Appeals in the manner and time provided by statute.

The Oklahoma statutes provide that an appeal to this Court may be taken by a defendant as a matter of constitutional right from any judgment of conviction rendered against him in a court of record; and further provide the manner and time within which such appeal may be taken. (22 Okl.St.Ann. §§ 1051, 1052, 1053, 1054 and 1055) Woods v. State, Okl.Cr., 346 P.2d 950; Smith v. State, Okl.Cr., 359 P.2d 243; Pulliam v. Page, Okl.Cr., 401 P.2d 530.

The statutes in effect at the time this appeal was attempted provided that the case made or a copy thereof should, within fifteen days after the judgment or order (to be appealed) was rendered, be served upon the opposite party, or his attorney, who might within three days thereafter suggest amendments thereto in writing; and provided that the court in which any case had been tried and finally determined might from time to time make orders extending the time for making and serving case made or the filing of the proceedings in error for good cause shown, but not beyond the period on which the proceedings in error may be filed in the appellate court. Tit. 12, Okl.St.Ann. §§ 958, 960, 962.

Judgment and sentence was pronounced against this accused on March 26, 1965, at which time the judge of the Superior Court of Comanche County allowed the defendant sixty days: 'In which to make and serve a case made for appeal to the Court of Criminal Appeals of said State of Oklahoma, and the plaintiff is allowed ten days after service of case made in which to suggest amendments thereto, and said case made to be settled and signed upon five days notice by either party, and shall be filed in the Court of Criminal Appeals within days from the date of this judgment.'

Nothing further was entered in this case until June 10, 1965, seventy-five days after the entry of the judgment and sentence, at which time the trial court entered an order finding the defendant to be an indigent person, unable to pay for the transcript in order to perfect an appeal to the Court of Criminal Appeals, and directing the court reporter to 'prepare and furnish the defendant a 'transcript' of the record of trial, the costs thereof to be borne by Comanche County, Oklahoma, and defendant is allowed sixty days from the date hereof...