Williams v. State , 61 O.B.A.J. 1659 ( 1990 )

PARKS, Presiding Judge,

concurring in part/dissenting in part:

The majority herein overrules of a number of cases, including Hoover v. State, 738 P.2d 943 (Okl.Cr.1987). As previously set forth, we held in Hoover that an information which simply states that a defendant had in his possession and under his control certain firearms, without alleging a prior felony conviction, does not show a violation of a separate statute. Because such a “case falls directly under the provisions of 22 O.S. 1981, § 860,” a defendant’s “prior conviction [is] properly presented in a single stage information.” Id. at 946. I find that the Hoover opinion set forth the identical rule of law advanced by the majority herein. Accordingly, I concur with the majority that the trial court properly overruled appellant’s motion for a bifurcated trial. However, I must respectfully dissent to overruling our prior decision in Hoover.