Cunningham v. State

BUSSEY, Judge.

This is an original proceeding instituted by Lawrence Ashburry Cunningham, seeking his release from confinement in the State Penitentiary at McAlester, Oklahoma where he is currently being confined under and by authority of a Judgment and Sentence rendered against him in the District Court of Okmulgee County Case No. 4828, wherein he was charged with Burglary Second Degree After Former Conviction of Felony, tried by a jury, who found him guilty of Attempted Burglary Second Degree After Former Convictions, and the jury being unable to assess the punishment, left the same to be…