specially concurring:
While I agree with the ultimate resolution in this case, I think certain arguments raised in appellant’s brief should be addressed. Appellant urges that an officer’s testimony alone is not sufficient to show that Miranda warnings were given. However, we have repeatedly held that, under certain circumstances, such testimony may be sufficient. Johnson v. State, 653 P.2d 219 (Okl.Cr.1982); Marshall v. State, 561 P.2d 1370 (Okl.Cr.1977). Further, appellant failed to object to the officer’s testimony at trial.
Appellant also complains about a confusing instruction given by the trial court. Van Buskirk v. State, 611 P.2d 271 (Okl.Cr.1980), presented a similar situation. In Van Buskirk, the defendant was charged with second-degree murder, but the judge determined that the evidence only supported the lesser charge of second-degree manslaughter. However, he instructed the *924jury on both second-degree murder and second-degree manslaughter, while also telling the jury that there was insufficient evidence as a matter of law to find defendant guilty of second-degree murder. The jury rendered a verdict of guilty of second-degree manslaughter. This Court upheld the conviction, agreeing that the instruction was incorrect, but pointing out that the defendant was not prejudiced.
Similarly, in the case at bar, the trial court determined as a matter of law that there was insufficient evidence to support a conviction of grand larceny; however, the jury was instructed on the elements of grand larceny as well as petit larceny. Appellant was convicted of petit larceny. Clearly, appellant suffered no prejudice as a result of the incorrect instruction.
Accordingly, I concur.