Elmore v. State

OPINION

LANE, Presiding Judge:

Appellant, Peter John Elmore, was convicted of Unlawful Distribution of Cocaine (63 O.S.Supp.1984, § 2-401) following a trial by jury in the District Court of Comanche County, Case No. CRF-89-413. The jury recommended that he be sentenced to serve a term of ten years incarceration and the trial court entered the sentence accordingly. He has appealed the conviction raising three errors for our consideration: that the notice filed by the State pursuant to Burks v. State, 594 P.2d 771 (Okl.Cr.1979) overruled in part on other grounds 772 P.2d 922 (Okl.Cr.1989), was…