Kern v. State

OPINION ON REHEARING

Opinion was filed in the above styled and numbered case March 20, 1974. Within the rules of this Court, appellee filed its Petition for Rehearing, and, with permission of the Court, appellant filed his Response.

On May 31, 1972, in Case No. CRF-72-1330, defendant (appellant herein) plead guilty to Burglary in the Second Degree and pronouncement of Judgment and Sentence was deferred for a period of two (2) years, as authorized by 22 O.S.1971, § 991c, one of the conditions of the deferment being “defendant was not to violate any City, State or Federal laws.”

On July 12, 1973,…