Okla. Stat. tit. 21, § 21-701.13

A. Whenever the death penalty is imposed, and upon the judgment

becoming final in the trial court, the sentence shall be reviewed on

the record by the Oklahoma Court of Criminal Appeals. The court

reporter of the trial court shall prepare all transcripts necessary

for appeal within six (6) months of the imposition of the sentence.

The clerk of the trial court, within ten (10) days after

receiving the transcript, shall transmit the entire record and

transcript to the Oklahoma Court of Criminal Appeals together with a

notice prepared by the clerk and a report prepared by the trial

judge. The notice shall set forth the title and docket number of

the case, the name of the defendant and the name and address of his

attorney, a narrative statement of the judgment, the offense, and

the punishment prescribed. The report shall be in the form of a

standard questionnaire prepared and supplied by the Oklahoma Court

of Criminal Appeals.

B. The Oklahoma Court of Criminal Appeals shall consider the

punishment as well as any errors enumerated by way of appeal.

C. With regard to the sentence, the court shall determine:

1. Whether the sentence of death was imposed under the

influence of passion, prejudice, or any other arbitrary factor; and

2. Whether the evidence supports the jury's or judge's finding

of a statutory aggravating circumstance as enumerated in Section

701.12 of this title.

D. Both the defendant and the state shall have the right to

submit briefs within the time provided by the court, and to present

oral argument to the court. The defendant shall have one hundred

twenty (120) days from the date of receipt by the court of the

record, transcript notice, and report provided for in subsection A

of this section, in which to submit a brief. The state shall have

sixty (60) days from the date of filing of the defendant's brief to

file a reply brief. The defendant may file a reply brief within a

time period established by the court, however the receipt of the

reply brief, the hearing of oral arguments, and the rendering of a

decision by the court all shall be concluded within one (1) year

after the date of the filing of the reply brief. If the defendant

Oklahoma Statutes - Title 21. Crimes and Punishments Page 307

or the state fails to submit their respective briefs within the

period prescribed by law, the defendant or the state shall transmit

a written statement of explanation to the Presiding Judge of the

Court of Criminal Appeals who shall have the authority to grant an

extension of the time to submit briefs, based upon a showing of just

cause. Failure to submit briefs in the required time may be

punishable as indirect contempt of court.

E. In addition to its authority regarding correction of errors,

the court, with regard to review of death sentences, shall be

authorized to:

1. Affirm the sentence of death; or

2. Set the sentence aside and remand the case for resentencing

by the trial court.

F. The sentence review shall be in addition to direct appeal,

if taken, and the review and appeal shall be consolidated for

consideration. The court shall render its decision on legal errors

enumerated, the factual substantiation of the verdict, and the

validity of the sentence.

G. If the court reporter of the trial court fails to complete

preparation of the transcripts necessary for appeal within the six-

month period required by the provisions of subsection A of this

section, the court reporter shall transmit a written statement of

explanation of such failure to the Chief Justice of the Oklahoma

Supreme Court, the Presiding Judge of the Court of Criminal Appeals,

and the Administrative Director of the Courts. The Court of

Criminal Appeals shall have the authority to grant an extension of

the time for filing the transcripts, based upon a showing of just

cause. Failure to complete the transcripts in the required time may

be punishable as indirect contempt of court and except for just
Supreme Court, the Presiding Judge of the Court of Criminal Appeals,

and the Administrative Director of the Courts. The Court of

Criminal Appeals shall have the authority to grant an extension of

the time for filing the transcripts, based upon a showing of just

cause. Failure to complete the transcripts in the required time may

be punishable as indirect contempt of court and except for just

cause shown may result in revocation of the license of the court

reporter.