Jerry v. State

(specially concurring):

Torbett v. State, Okl.Cr., 487 P.2d 357 (1971), leaves one with the false impression that on retrial after a successful appeal from a conviction, the defendant cannot, under any circumstances, be given a greater sentence than that which he received at the first trial. Such a construction is clearly contrary to the express language of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) which Judge Bussey cites in his opinion.

In stating the issue to be decided in Pearce, supra, Justice Stewart analyzed:

“ * * * We turn, therefore, to consideration…