Johnson v. State

OPINION

BRETT, Judge:

Gary Eugene Johnson, appellant, was charged with, tried for, and convicted of the crime of Burglary in the Second Degree, After Former Conviction of a Felony, in violation of 21 O.S.1981, § 1435, Case No. CRF-82-4565, in the District Court of Oklahoma County, Oklahoma. Upon recommendation of the jury, appellant was sentenced to a term of forty years’ imprisonment. From this judgment and sentence, appellant has perfected an appeal to this Court.

Briefly, the facts show that on September 12, 1982, Helen Caporal’s condominium was burglarized while she was away visiting a…