Ozbun v. State

OPINION

BUSSEY, Presiding Judge:

The appellant, Bobby Kelly- Ozbun, was convicted with co-defendant Jake Underwood, of Murder in the Second Degree, in the District Court of Tulsa County, Case No. CRF-79-3327, was sentenced to not less than fifteen (15) nor more than thirty (30) years’ imprisonment, and he appeals. For a discussion of the facts, see the companion case of Underwood v. State, 659 P.2d 948 (Okl.Cr.1983).

I

In his first assignment of error, the appellant argues that the trial court erred in overruling his motion to dismiss because he alleges that double jeopardy had attached in his…