APPLICATION OF SMITH

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APPLICATION OF SMITH
1960 OK CR 103
357 P.2d 1046
Case Number: A-12975
Decided: 12/07/1960
Oklahoma Court of Criminal Appeals

Appeal from the District Court, Tulsa County.

Original proceeding whereby petitioner seeks a writ of mandamus for casemade to perfect an appeal from judgment and sentence in District Court of Tulsa, County, Oklahoma. Denied.

John Smith, Jr., pro se.

Raymond W. Graham, Tulsa Co. Dist. Judge, Tulsa, respondent, pro se.

BRETT, Judge.

¶1 This is an original proceeding herein by John Smith, Jr., an inmate of the penitentiary, seeking a writ of mandamus for casemade for an appeal. It appears in a response by the District Court of Tulsa County, Oklahoma, that the request was denied for the following reasons to wit:

(1) The judgment and sentence was entered upon petitioner's plea of guilty and his request for casemade was frivolous.

(2) The petitioner does not state petitioner is without friends or relatives who could finance said appeal;

(3) The petitioner does not state his counsel is unable to prepare the casemade from memory. The petition is defective in all the foregoing respects; under these conditions the writ must be denied. Application of Mennelli, Okl.Cr., 332 P.2d 38.

¶2 It is apparent this petition is wholly without merit and the Writ of Mandamus for casemade is denied.

POWELL, P.J., and NIX, J., concur.