VanWoundenberg v. State

PARKS, Presiding Judge,

specially concurring:

I believe the application of 21 O.S.Supp. 1985, § 701.13(C) to cases pending on appeal at the time the statute was passed renders the enactment an ex post facto law. See Green v. State, 713 P.2d 1032, 1041 n. 4 (Okl.Cr.1985). See also Foster v. State, 714 P.2d 1031 (Okl.Cr.1986) (Parks, P.J. specially concurring). However, I have independently applied 21 O.S.1981, § 701.13(C) to these facts and I am convinced that the sentence imposed herein is proper. Therefore, I concur that the judgment and sentence should be affirmed.