Elliott v. State

PARKS, Judge,

specially concurring:

While I agree with the ultimate resolution in this case, I think certain arguments raised in appellant’s brief should be addressed. Appellant urges that an officer’s testimony alone is not sufficient to show that Miranda warnings were given. However, we have repeatedly held that, under certain circumstances, such testimony may be sufficient. Johnson v. State, 653 P.2d 219 (Okl.Cr.1982); Marshall v. State, 561 P.2d 1370 (Okl.Cr.1977). Further, appellant failed to object to the officer’s testimony at trial.

Appellant also complains about a confusing instruction…