OPINION
BRETT, Judge:
Appellant, Tony James Martinez, hereinafter referred to defendant, was charged in the District Court, Cleveland County, Case No. CRF-76-517, with the offense of Rape in the First Degree, in violation of 21 O.S. 1971, § 1114. He was tried by a jury, convicted and sentenced to a term of five (5) years in the State penitentiary. From the above stated judgment and sentence the defendant has...
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