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STATE EX REL. COATS v. JOHNSON

No. P-79-50.

597 P.2d 328 (1979)

STATE of Oklahoma, ex rel. Andrew M. COATS, District Attorney, Seventh Judicial District, Petitioner, v. The Honorable Sandra JOHNSON, Special District Judge, Seventh Judicial District, State of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

June 21, 1979.

Attorney(s) appearing for the Case

Andrew M. Coats, Dist. Atty., David H. Hardwicke, Asst. Dist. Atty., Oklahoma County, for petitioner.

John C. Moran, Oklahoma City, for respondent.

Jim Pearson, Asst. Public Defender, Oklahoma County, amicus curiae.

OPINION

BRETT, Judge:

On January 29, 1979, the respondent, Seventh Judicial District Judge, Sandra Johnson, declared 10 O.S.Supp. 1978, §§ 1104.2 and 1112(b), unconstitutional on the grounds (1) that the statutes deny equal protection of the law; (2) that Section 1112(b) creates a constitutionally impermissible presumption that 16 and 17-year-old accused of serious crimes should be treated as adults; (3) that the statutes impermissibly shift the...

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