Johnson v. State

OPINION

BRETT, Presiding Judge:

Appellant, Gary Don Johnson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-3495, for the crime of Robbery With Firearms, in violation of 21 O.S.1971, § 801. His punishment was fixed at a term of twenty-five (25) years’ imprisonment, the first five (5) years to be served in the State penitentiary and the remainder to be suspended. From said judgment and sentence a timely appeal has been perfected to this Court.

On the night of October 13, 1974, one Lester Richmond was employed as a…