Garcia v. State

OPINION

BLISS, Judge:

Appellant, Arthur Garcia, Jr., hereinafter referred to as defendant, was charged, tried before a jury and convicted in the District Court of Oklahoma County, Case No. CRF-74-768, of the crime of Robbery by Force. The jury assessed punishment at a term of five (5) years in the State Penitentiary but recommended that the sentence be suspended. The trial court refused to suspend the sentence and a judgment and sentence was entered sentencing the defendant to a term of five (5) years under the custody and control of Department of Corrections of the State of Oklahoma. From said…