OPINION
SIMMS, Judge:
Appellant, Eugene Allen Griffin, was convicted in a non-jury trial of the offense of Assault and Battery Upon a Law Officer and sentenced to a term of 120 days in the Oklahoma County Jail. From the judgment and sentence, a timely appeal has been perfected to this Court, however, neither side has submitted briefs, and by Order of the Presiding Judge, this case has been Summarily Submitted to be reviewed for fundamental error only.
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