State v. Johnson

OPINION ON REHEARING

JOHNSON, Vice Presiding Judge:

Appellant, the State, pursuant to 22 O.S.1981, § 1053.1, appealed a ruling of District Judge William Bliss, District Court of Muskogee County, who determined 47 O.S.Supp.1988, § 1503(C)(1) to be unconstitutionally vague and invalid. This Court issued its opinion reversing the tidal court and remanding the case for trial. See State v. Johnson, 63 OBJ, No. 41 (November 7,1992). William Boyd Johnson and Steven David Smith, Appellees, filed their Petition herein, urging that this Court’s remand for trial is inappropriate under the law and the…