WILSON v. STATE

WILSON v. STATE
1970 OK CR 33
480 P.2d 938
Case Number: A-15249
Decided: 03/04/1970
Oklahoma Court of Criminal Appeals

Appeal from the District Court of Tulsa County, Robert D. Simms, Judge.

Norman Wayne Wilson was convicted of the crime of Robbery with Firearms, After Former Conviction of a Felony, was sentenced to serve fifty (50) years in the state penitentiary, and appeals. Judgment and sentence modified to a term of forty (40) years imprisonment in the state penitentiary, and as so modified, the judgment and sentence is affirmed. Modified and affirmed.

Jay D. Dalton, Public Defender for plaintiff in error.

Norman Wayne Wilson, pro se.

G.T. Blankenship, Atty. Gen., Max A. Martin, Asst. Atty. Gen., for defendant in error.

MEMORANDUM OPINION

BUSSEY, Judge.

¶1 This is a companion case of Gonzales v. State, Okl.Cr., 480 P.2d 930, decided this date, and since Norman Wayne Wilson and Dan Don Gonzales were jointly charged, tried and convicted, and the identical issues were raised on appeal, including the pro se briefs of both Wilson and Gonzales, we adopt and incorporate by reference the opinion rendered in Gonzales v. State, supra.

¶2 For the reasons therein stated, the judgment and sentence of fifty (50) years imprisonment in the state penitentiary is modified to a term of forty (40) years imprisonment in the state penitentiary, and as so modified, the judgment and sentence is affirmed.

BRETT, P.J., concurs.

NIX, J., not participating.