DUNN v. STATE

DUNN v. STATE
1971 OK CR 318
488 P.2d 606
Case Number: A-16017
Decided: 09/02/1971
Oklahoma Court of Criminal Appeals

Appeal from the District Court of Oklahoma County; Harry L.S. Halley, Judge.

Jim Lee Dunn was convicted of the crime for Burglary in the Second Degree; his punishment was fixed at three years imprisonment in the state penitentiary, and he appeals. Affirmed.

Don Anderson, Public Defender, Wayne Hagle, Asst. Public Defender, Oklahoma County, for plaintiff in error.

G.T. Blankenship, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for defendant in error.

BUSSEY, Presiding Judge.

¶1 Jim Lee Dunn, hereinafter referred to as defendant, entered a plea of guilty in the District Court of Oklahoma County to the offense for Burglary in the Second Degree; his punishment was fixed at three years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

¶2 We have consistently held that where an appeal is taken by an accused from a judgment entered upon a plea of guilty, the appeal will ordinarily present only such questions as go to the free and voluntary character of the plea, or that accused was not of competent intelligence, or was not advised of his legal rights and the nature and consequences of his plea, or as to the sufficiency of the indictment or information of confer jurisdiction, or the legality of the sentence. Smith v. State, Okl.Cr., 462 P.2d 289.

¶3 The Record in the instant case reveals that the trial court had jurisdiction of the person, subject matter, and authority under law, to pronounce the judgment and sentence imposed, and it affirmatively appears that the defendant knowingly and intelligently entered a plea of guilty after conferring with counsel, with full knowledge of the nature and consequences of such plea.

¶4 The judgment and sentence is accordingly affirmed.

NIX and BRETT, JJ., concur.