Cartwright v. State , 1989 Okla. Crim. App. LEXIS 45 ( 1989 )

PARKS, Presiding Judge,

dissenting.

I dissent for the reasons stated in my opinion in Dutton v. Dixon, 757 P.2d 376 (Okla.Crim.App.1988). I would emphasize that under 22 O.S.1981, § 3, the resentenc-ing provision codified at 21 O.S.Supp.1985, § 701.13(E)(2), is not to be applied retroactively “unless expressly so declared.” Because retroactivity was not “expressly so declared” by the Oklahoma Legislature, the resentencing amendment should not be applied retroactively. Dutton, 757 P.2d at 381.