Bartell v. State

OPINION

LUMPKIN, Presiding Judge:

Appellant James Don Bartell, was tried by a jury in the District Court of Oklahoma County, Case No. CRF-88-6937, and convicted of one count of Forcible Oral Sodomy (21 O.S.Supp.1982, § 888). The jury recommended he be sentenced to thirteen (13) years imprisonment, and the trial court sentenced accordingly. We publish to reaffirm the principles dealing with constitutional errors and the possibility of those errors being harmless in the wake of Simpson v. State, 876 P.2d 690 (Okl.Cr.1994).

I

The victim, S.B., was three years old at the time the crime was committed.…