Gilbreath v. State

This is an original proceeding in which Tommy Howard Gilbreath seeks an appeal out of time of the judgment and sentence rendered against him on February 7, 1968, sentencing him to two years in the State Penitentiary on his plea of guilty to the crime of second degree burglary, Case No. 33782, District Court of Oklahoma County, Oklahoma. Petitioner alleges that he has a history of mental illness and has been a patient in state hospitals due to his mental incapability prior to the time of his sentencing on the above charge. Petitioner alleges that he was denied his attempt to appeal his…