Flores v. State , 66 O.B.A.J. 2161 ( 1995 )

ORDER DENYING REHEARING

On February 13, 1995, the appellee, State of Oklahoma, filed a Petition for Rehearing in the above styled case after the appellant’s conviction was reversed and remanded for new trial by this Court on January 24, 1995. A petition for rehearing may only be filed if 1) some question decisive of the case and duly submitted by the attorney of record has been overlooked by the Court, or 2) the decision is in conflict with an express statute or controlling decision to which the attention of this Court was not called either in the brief or in oral argument. Rule 3.14(B), Rules of the Court of Criminal Appeals, 22 O.S.Supp.1994, Ch. 18, App. As the complaints raised in the Petition for Rehearing do not fall within the above criteria, rehearing is not warranted in this case.

IT IS THEREFORE THE ORDER OF THIS COURT that this Petition for Rehearing is DENIED.

IT IS SO ORDERED.

/s/ Charles A. Johnson CHARLES A. JOHNSON Presiding Judge Dissent

/s/ Charles S. Chapel CHARLES S. CHAPEL Vice Presiding Judge

/s/ Gary L. Lumpkin GARY L. LUMPKIN Judge Dissent

/s/ James F. Lane JAMES F. LANE Judge /s/ Reta M. Strubhar

RETA M. STRUBHAR Judge