Smith v. State

ORDER REMANDING FOR ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

An application has been filed in this Court seeking leave to file an appeal out of time in Pottawatomie County District Court Case No. CRF-78-368. Applicant presented a related post conviction application to the District Court, which entered an order reciting that the District Court was without authority to grant any relief on the application. While that proposition is undoubtedly correct in the abstract, it misconstrues present Oklahoma procedure regarding the appeal out of time remedy. The prior statutory appeal out of…