Owens v. State , 1988 Okla. Crim. App. LEXIS 26 ( 1988 )

OPINION ON REHEARING

This Court handed down an opinion in the above-styled cause on December 2, 1987, affirming petitioner's conviction, but remanding for a presentence investigation report and resentencing. Petitioner requests a rehearing asserting that “it was never his desire to appeal that portion of his sentence wherein he was denied a pre-sentence investigation and that he has since totally discharged his sentence and any remand for ... resentencing would be a waste of time and money both of the Court’s and petitioner.”

IT IS THEREFORE THE ORDER OF THIS COURT that our previous order in the original opinion remanding the above-styled cause for resentencing shall be VACATED, and petitioner’s conviction in Oklahoma County District Court, Case No. CRF-81-2609, is otherwise affirmed as per our original opinion. Rehearing is hereby GRANTED for the limited purpose stated herein. The Clerk of this Court is directed to issue the mandate forthwith.

IT IS SO ORDERED.

TOM BRETT, P.J.

HEZ J. BUSSEY, J.

ED PARKS, J.