Legal Opinion · Dissent

Ocampo v. State

Court of Criminal Appeals of Oklahoma

Decided July 27, 1989No. C-88-136Published

1DissentParks, Presiding Judge

While I agree with the double jeopardy analysis, Majority, at 922-23,1 cannot concur in the departure from King v. State, 553 P.2d 529, (Okla.Crim.App.1976). King mandates that prior to accepting a guilty plea from an accused, the trial judge “must first determine if the defendant is competent by appropriate interrogation of the *925defendant, and his defense counsel ... regarding the defendant’s past and present mental state as well as by the defendant’s demeanor before the court....” Id. at 534. Here, absolutely no inquiry was made as to the competency of petitioner as required by King and,…

2Cases cited7 opinions

  1. King v. StateCourt of Criminal Appeals of Oklahoma · 1976
  2. Coyle v. StateCourt of Criminal Appeals of Oklahoma · 1985
  3. State v. DurantCourt of Criminal Appeals of Oklahoma · 1980
  4. Wester v. StateCourt of Criminal Appeals of Oklahoma · 1988
  5. Burch v. StateCourt of Criminal Appeals of Oklahoma · 1987

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