Mathieus v. State

OPINION

PARKS, Presiding Judge:

Eddie Earl Mathieus, appellant, was tried by jury and convicted of Second Degree Burglary (21 O.S.1981, § 1435), After Former Conviction of Two Felonies (21 O.S. Supp.1985, § 51), in Lincoln County District Court, Case No. CRF-85-111, before the Honorable Milton C. Craig, District Judge. The jury set punishment at twenty (20) years imprisonment. Judgment and sentence was entered accordingly. We reverse and remand for a new trial.

On the afternoon of December 4, 1985, Craig Haley was driving home on State Highway 18 when he ran out of gas south of Meeker, Oklahoma.…