State v. Tinkler

OPINION

LANE, Presiding Judge:

This is an appeal brought by the State of Oklahoma from a decision by a magistrate during a preliminary examination in Push-mataha County District Court, Case Nos. CRF-89-066 and CRF-89-067, holding that the procedures established by the legislature and codified at 22 O.S.Supp.1989, § 751 are unconstitutional. At the outset, we must note that the record before us fails to establish the posture in which the case now stands. The State has not provided any information which would indicate under which subsection of 22 O.S.1981, § 1053 the instant appeal is pursued.…