Avants v. State

MEMORANDUM OPINION

BRETT, Judge:

Joe Charles Avants was convicted by jury of Assault With a Deadly Weapon, After Former Conviction of Two Felonies, in violation of 21 O.S.1979 Supp. § 652, in the District Court of Tulsa County, Case No. CRF-79-2908. He was sentenced to a term of thirty years’ imprisonment.

Police officers Thompson and Fagan were summoned to the appellant’s mother’s home to investigate a reported domestic disturbance. After arriving at the home, the officers were directed to a bedroom where they found the appellant lying down. Officer Fagan requested the appellant stand up…