Hunt v. State

I concur that the sentence in this conviction should be modified. However, I dissent to the treatment of this conviction as a felony for the reason I believe that it should have been prosecuted as a misdemeanor.

Notwithstanding what the United States Supreme Court held in United States v. Batchelder, supra, while interpreting the Federal statutes and procedure, I believe that the action of the Oklahoma legislature, in passing the misdemeanor statute 21 O.S. 1971, § 1040.8, which became effective March 27, 1979, repealed by implication the provisions of 21 O.S.1971, § 1040.51, the felony…