State v. Neal

OPINION

CORNISH, Presiding Judge:

The issue before us in this State appeal from the granting of post conviction relief is the potential retroactive application of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). The appellees were convicted of Burglary in the Second Degree in the District Court of Payne County, Case No. CRF-73-76, and each received punishment of four (4) years’ imprisonment. On appeal, their convictions were affirmed. Neal v. State, Okl.Cr., 529 P.2d 526 (1974). Their application for post conviction relief was granted on July 10, 1979, on the basis of Doyle v.…