¶1Concur in
¶2Result.
¶311 I concur in the results reached by the Court and agree that this Court's decision in Trusty v. State, 1972 OK CR 237, 501 P.2d 1142, is not applicable to the facts of this case. In Trusty the defendant entered a plea of guilty to the charges and his conviction was final. In this case, Appellant entered a plea of not guilty, was convicted by a jury of the charge, and the conviction was pending on appeal, ie. not final.
¶41 2 My concern with the Court's decision is when the opinion says "lilt is settled law" that the waiver of privilege against self-incrimination by voluntarily testifying in his own trial is limited to the proceeding where the person testifies, and then can only cite to a hornbook and a Connecticut case as authority. If it is in fact "settled law", then the Court should be able to cite to cases from this Court and the U.S. Supreme Court as authority. Regardless, I agree with the principle of law enunciated by the Court in this case.