778 P.2d 479
Court of Criminal Appeals of Oklahoma
Decided July 31, 1989
Court of Criminal Appeals of Oklahoma · decided 1989-07-31
Relies on Dutton v. Dixon
Good law ✅— No negative treatment on recordhow we know
Decided 1989-07-31
Cited by 10 later decisions (1 by the Supreme Court) — most recently May 2011
3 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1dissenting.
¶2I dissent for the reasons stated in my opinion in Dutton v. Dixon, 757 P.2d 376 (Okla.Crim.App.1988). I would emphasize that under 22 O.S.1981, § 3, the resentenc-ing provision codified at 21 O.S.Supp.1985, § 701.13(E)(2), is not to be applied retroactively “unless expressly so declared.” Because retroactivity was not “expressly so declared” by the Oklahoma Legislature, the resentencing amendment should not be applied retroactively. Dutton, 757 P.2d at 381.