Public-domain · open source
OpenJurist

478 P.2d 962

Flowers v. State

Court of Criminal Appeals of Oklahoma

Decided December 2, 1970

Court of Criminal Appeals of Oklahoma · decided 1970-12-02

Cited by 1 later decisions — most recently July 1982

1 state decisions

Relies on Bean v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-12-02

View the full empirical analysis of this case →

¶1MEMORANDUM OPINION

NIX, Judge.

¶2This is an appeal from the District Court of Pottowatomie County wherein the defendant was charged with Burglary Second Degree, After Former Conviction of a Felony. He was tried before a jury, found guilty and sentenced to 20 years in confinement. The defendant appeals to this Court asserting that it constituted error for the trial judge to permit the records of the Oklahoma State Penitentiary with picture attached showing a “four time loser”, and statistics, in order to prove that he was the same person who had been formerly convicted of a felony. This Court passed on the question in a companion case, Bean v. State, Okl.Cr., 392 P.2d 753. In that case we held that defendant's prison record was inadmissible to prove a former conviction, and that it was prejudicial to defendant’s cause and was grounds for modification. This Court applies the same rationale in the instant case and hereby modifies said sentence from 20 years to 12 years, and otherwise affirm the judgment and sentence of the lower court.

¶3Modified and affirmed.

BRETT, P. J., and BUSSEY, J., concur.
/478/p2d/962 · .json · Public domain