Brown v. State

OPINION

BRETT, Presiding Judge:

The appellant, Edwin T. Brown, and his co-defendant, Rolando Torino Nelson,1

were tried by a jury in Muskogee County District Court, Case No. CRF-83-681, and found guilty of Second Degree Robbery After Former Conviction of Two or More Felonies in violation of 21 O.S.1981, §§ 791 and 51. Appellant waived jury sentencing, stipulated to two prior felony convictions, and was sentenced to forty (40) years’ imprisonment.

We reverse and remand with instructions to dismiss this case because there was insufficient evidence to support appellant’s conviction. We will,…