(DOWNLOAD) "Brooks v. State" by Court of Criminal Appeals of Oklahoma ~ Book PDF Kindle ePub Free
eBook details
- Title: Brooks v. State
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 05, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
1 Elwoodrow Wilson Brooks, hereinafter referred to as defendant, entered a plea of guilty in the District Court
of Oklahoma County to the offense of Larceny of an Automobile, and received a four year suspended sentence on October 4, 1968,
said suspended sentence was ordered revoked on July 8, 1970, and from said Order of Revocation, a timely appeal has been perfected
to this Court. 2 The sole proposition before this Court contends that the judgment and sentence does not state any court-imposed
conditions of the suspension, but provides that it "shall be and is suspended pursuant to the provisions of the Oklahoma Corrections
Act of 1967, and pursuant to the rules of the Department of Corrections of the State of Oklahoma." The defendant cites In
re Collyar, Okl.Cr., 476 P.2d 354, wherein this Court has two prime considerations: Had the defendant been adequately advised
of the conditions of suspension by the Court, and had the defendant, in fact, violated the conditions of suspension? In that
case there was no record made of the revocation hearing wherein this Court could ascertain that the defendant had, in fact,
violated an infraction of the suspended sentence, if any such existed.