Jimenez v. State

OPINION

BLISS, Presiding Judge:

Appellant, Rudy Cristobil Jimenez, hereinafter referred to as defendant, was *1145charged and entered a plea of guilty in the District Court of Oklahoma County, Case No. CRF-72-293, for the offense of Burglary in the Second Degree, his punishment was fixed at three (3) years imprisonment, and from said judgment and sentence the defendant has filed a timely Petition for Writ of Certiorari, which was granted on September 25, 1972.

As the judgment and sentence entered in this cause must be vacated, we will discuss only one proposition asserted by the defendant. Under this…