Stevens v. State

OPINION

BUSSEY, Judge:

Appellant, Donald Gene Stevens, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County, Case No. CRF-70-753, for the offense of Burglary in the Second Degree, After Former Conviction of a Felony. His punishment was fixed at fifteen (15) years imprisonment. An appeal has been perfected to this Court from denial of post-conviction relief by the trial court.

At the trial, Michael Roy Johnson testified that on the 22nd day of April 1970, at approximately 10:05 p. m. he observed two men in his back yard. They jumped the…