SHIRLEY v. STATE

SHIRLEY v. STATE
1972 OK CR 129
497 P.2d 773
Case Number: A-17073
Decided: 05/03/1972
Oklahoma Court of Criminal Appeals

An appeal from the District Court of Oklahoma County; Clarence Mills, Judge.

Myirs Raymond Shirley seeks Post-Conviction Relief. Affirmed.

Myirs Raymond Shirley, pro se.

Larry Derryberry, Atty. Gen., for appellee.

MEMORANDUM OPINION

SIMMS, Judge:

¶1 This is an appeal from the Denial of Post-Conviction Relief in the District Court of Oklahoma County, Oklahoma, Case Number 34105, wherein the trial court, after reviewing the records, made findings of fact and conclusions of law which in pertinent part reflect the following:

"This man was tried to a jury, found guilty and the punishment assessed by them. He appealed at the expense of the State. He had able lawyers at all times.

The Court of Criminal Appeals, March 25, 1970, Affirmed [Shirley v. State, Okl.Cr., 467 P.2d 517]. Denied."

The record reflects that this was a conviction before a jury for the crime of Attempted Robbery with a Dangerous Weapon, for which crime the jury assessed the term of thirty (30) years in the state penitentiary. Counsel for the defendant was court-appointed. At the preliminary hearing the defendant was represented by Jack Spivey, now deceased, and at the trial by a member of the Oklahoma County Public Defender's staff.

¶2 The trial court's findings of fact and conclusions of law appear to be supported by the record and are adopted by this Court.

¶3 For the reasons stated therein, the trial court's denial of Post-Conviction Relief is affirmed; and Appellant is advised that he has now exhausted all of his state remedies.

¶4 BUSSEY, P.J., and BRETT, J., concur.

APPENDIX

IN THE DISTRICT COURT, OKLAHOMA COUNTY, OKLAHOMA

THE STATE OF OKLAHOMA,

Plaintiff,

vs.

MYIRS RAYMOND SHIRLEY

Defendant.

))))))))

District Court Case No. 34105

POST-CONVICTION FINDINGS

(Title 22, O.S.Supp. 1970, #4180 [22-4180] et seq)

Original Charge: Attempted Robbery with a Dangerous Weapon.

Judgment and sentence: Thirty (30) years in the penitiary by Verdict of a Jury.

Date of judgment and sentence: April 12, 1968.

Application for Post-Conviction relief filed: August 7, 1970.

Was form authorized by Court of Criminal Appeals used? A.

Response of the State: Summary of facts showing above (Book 1132 pg. 652).

Is there a genuine issue of material fact? A. NO.

Is an evidentiary hearing necessary? A. NO.

Is the testimony of the undersigned Judge material to such a hearing?A. NO.

Findings of fact: This man was tried to a jury, found guilty and the punishment assessed by them. He appealed at the expense of the State. He had able lawyers at all times.

Conclusions of law: The Court of Criminal Appeals, March 25, 1970, Affirmed. Denied.

(This order to be filed by the Clerk as part of the minutes in this case).

O.K

Attorney for State

(s) Clarence Mills

District Judge

O.K.

Attorney for Defendant

Court Reporter Present