OPINION
BUSSEY, Judge:
Appellant, David Allen Luker, hereinafter referred to as defendant, was charged; tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-4025, for the offense of Second Degree Burglary, in violation of 21 O.S. 1971, § 1435. The jury fixed his punishment at five (5) years' imprisonment, however, upon judgment and sentencing the trial court erroneously modified his punishment...
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