SWART v. STATE

No. C-84-584.

720 P.2d 1265 (1986)

Thomas Deshawn SWART, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

June 17, 1986.


Attorney(s) appearing for the Case

Johnie O'Neal, Asst. Public Defender, Tulsa, Okl., for appellant.

Michael C. Turpen, Atty. Gen., Terry Jenks, Asst. Atty. General, Oklahoma City, for appellee.

Stephen C. Lewis, State Representative, Shawnee, James E. Hamilton, State Representative, Poteau, Don G. Pope, General Counsel, Okla. Dept. of Corrections, Oklahoma City, as Amici Curiae urging affirmance.


OPINION

PARKS, Presiding Judge:

With this case, we are called upon to assess the constitutionality of the Oklahoma Intermediate Offender Act, currently codified at 22 O.S.Supp.1984, § 995 et seq. After oral argument, and upon consideration of the excellent briefs filed by appellant, the State of Oklahoma, and various amicus curiae, we determine the Act is unconstitutional.

On January 12, 1984, and January 17, 1984, the appellant...

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