City of Oklahoma City v. Leonard

I dissent. Assuming the City of Oklahoma City, appellant, is properly before this Court on a reserved question of law as claimed in the brief filed on its behalf, it is well established that retrial is barred following appeal on a reserved question of law:

The 22 O.S. [1981], § 1053 procedure for appealing on a reserved question of law applies only to review following a judgment of acquittal for the defendant or an order of the court authorized by law as an express bar to further prosecution, (citations omitted)

State v. Ogden, 628 P.2d 1167, 1169 (Okl. Crim.App.1981). The fact of the matter is…