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772 P.2d 1329

Anderson v. State

Court of Criminal Appeals of Oklahoma · decided 1989-04-27

Relies on Scott v. State · Anderson v. State · Kelly v. State

Decided 1989-04-27

¶1ORDER CORRECTING OPINION

¶2On April 25, 1989, it was discovered that Judge Parks’ dissenting opinion in Anderson v. State, 765 P.2d 1232, 1234 (Okla.Crim.App.1988), relied upon an incorrectly recorded vote in stating in relevant part:

Two prior unanimous decisions of this Court have held that a new trial is required under such circumstances. See Kelly v. State, 735 P.2d 566, 567 (Okla.Crim.App.1987); Scott v. State, 730 P.2d 7, 9 (Okla.Crim.App.1986)....

¶3Although Judge Bussey’s vote in Scott, 730 P.2d at 9, was recorded as a “CONCUR,” the original records show that his vote should have been officially recorded as “NOT PARTICIPATING.” Thus, Scottwas in fact not unanimous.

¶4IT IS THEREFORE THE ORDER OF THIS COURT that Judge Parks’ dissenting opinion in the above-styled cause shall be corrected to reflect the foregoing.

¶5IT IS SO ORDERED.

/772/p2d/1329 · .json · Public domain