State v. Hovis

I dissent. In so doing, however, I do not disagree with the order when it finds that a judge who heard the preliminary is not precluded from taking the plea as long as his judicial position gives him that authority. However, I do not think that a plea can be taken while the preliminary is in progress unless the record indicates an intelligent and informed waiver of the preliminary examination. This Court has doggedly held to the old concepts of a multi-tiered court system when it deals with criminal procedure. In State v. Gorelick, 746 P.2d 677, 678 (Okl.Cr.1987), we stated “... this Court…