Burnett v. State

PARKS, Judge,

specially concurring:

Although I concur, I cannot join that portion of the majority opinion, regarding appellant’s final assignment of error, to the extent it can be read to hold that the prosecution concealed Mr. Morgan’s prior conviction for armed robbery in Texas in 1974. Appellant has not cited any portion of the record to show that the prosecutor had knowledge of Mr. Morgan’s previous conviction prior to or during trial. See Rules of the Court of Criminal Appeals, Rule 3.5(A)(5), 22 O.S.1981, Ch. 18, App. Absent record support that the prosecutor knowingly failed to divulge the prior conviction of a key witness, appellant’s claim must be rejected.