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HOWERTON v. STATE

No. F-80-489.

640 P.2d 566 (1982)

Donald HOWERTON, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied March 2, 1982.

Attorney(s) appearing for the Case

John M. Stuart, Kee, Kramer & Stuart, Duncan, for appellant.

Jan Eric Cartwright, Atty. Gen., Michael Scott Fern, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

This case stands or falls on the propriety of a part-time district attorney representing an indigent defendant. We hold today that it is improper and constitutes fundamental error.

A member of the bar who is a part-time district attorney may not be appointed to defend persons either within or outside the jurisdiction in which he serves as assistant district attorney. A district attorney...

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