LAY v. STATE

No. F-81-804.

654 P.2d 619 (1982)

Lowell B. LAY, III, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 29, 1982.


Attorney(s) appearing for the Case

E. Terrill Corley, Tulsa, for appellant.

Jan Eric Cartwright, Atty. Gen., Eric Hermansen, Asst. Atty. Gen., Oklahoma City, for appellee.


OPINION

BUSSEY, Judge:

Lowell B. Lay, III, was convicted of Robbery With Dangerous Weapon, in Tulsa County District Court, Case No. CRF-81-186, pursuant to 21 O.S. 1981, § 801.

Defendant alleges in his only assignment of error that he was denied due process of law when the prosecutor acted vindictively and recommended a much higher sentence than that received by a co-defendant, after defendant exercised...

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