Cunningham v. State

MEMORANDUM OPINION

SIMMS, Judge:

Appellant was originally tried and convicted in the District Court of Okmulgee County for the offense of Burglary Second Degree, After Former Conviction of a Felony, and sentenced to a term of 35 years upon the jury verdict. The judgment and sentence imposed by the trial court in 1967 was thereafter timely appealed to this Court, and this Court affirmed the 35 year judgment and sentence in case number A-14,441. Cunningham v. State, Okl.Cr., 459 P.2d 189 (1969).

Thereafter, in 1970, appellant filed an application for Post-Conviction Relief in *1339the District Court of…