Johnson v. State

BUSSEY, Presiding Judge:

James Perry Johnson, hereinafter referred to as defendant, was charged, tried, and convicted at a non-jury trial in the District Court of Tulsa County of the offense for Driving a Motor Vehicle While Under the Influence of Liquor, Second and Subsequent Offense. His punishment was fixed at three years imprisonment, and from judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, the party stipulated that the evidence adduced at an Evidentiary Hearing, as well as the evidence adduced at the Preliminary Hearing, would be submitted to the…