Mitchell v. State

OPINION

PARKS, Presiding Judge:

Appellant, Anthony Wendell Mitchell, was tried by jury and convicted of Second Degree Burglary (21 O.S.1981, § 1435), After Former Conviction of Two Felonies (21 O.S.Supp.1985, § 51), in Tulsa County District Court, Case No. CRF-87-1440, before the Honorable Jay Dalton, District Judge. The jury set punishment at twenty-five (25) years imprisonment. Judgment and sentence was imposed accordingly. We affirm as modified.

A recitation of the facts is unnecessary as we find merit in appellant’s claim that the trial court committed fundamental error in failing to…