Bernay v. State

Bernay v. State
1999 OK CR 46
989 P.2d 998
Case Number: F-97-461
Decided: 12/07/1999
JOHN CAMP BERNAY, Appellant -vs- STATE OF OKLAHOMA, Appellee
Oklahoma Court of Criminal Appeals

[989 P.2d 1017]
ORDER DENYING REHEARING AND MOTION TO CORRECT OPINION 
AND DIRECTING ISSUANCE OF MANDATE 

¶1 Appellant, John Camp Bernay, has filed his Petition For Rehearing and Motion To Correct Opinion requesting this Court to grant rehearing because some questions decisive of the case and duly submitted by the attorney of record were overlooked by the Court and the decision in Bernay v. State, 1999 OK CR 37, 989 P.2d 998, affirming his conviction and sentence of death for the crime of Murder in the First Degree, malice aforethought, is contrary to controlling authority. Additionally, Petitioner requests this Court to correct its opinion to accurately reflect the record.

¶2 We have considered the purported irregularities as to the facts and law. Although there may be some minor irregularities as to the facts, the facts are basically correct. However, none of the purported irregularities change the opinion of the Court as to affirming the judgment and sentence. Therefore, we FIND that Appellant's Petition For Rehearing and Motion To Correct Opinion, should be, and the same are hereby DENIED. The Clerk of the Court is directed to issue the Mandate herein.

¶3 IT IS SO ORDERED.

¶4 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 7th day of December, 1999.

/s/ Reta M. Strubhar

/s/ Gary L. Lumpkin Concur in Result

/s/ Charles A. Johnson

/s/ Charles S. Chapel

/s/ Steve Lile Concur in Result

ATTEST:

/s/ James Patterson