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JOHNSON v. DISTRICT COURT OF OKLAHOMA COUNTY

No. P-82-198.

653 P.2d 215 (1982)

Malcolm Rent JOHNSON, Petitioner, v. DISTRICT COURT OF OKLAHOMA COUNTY, State of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

October 27, 1982.

Attorney(s) appearing for the Case

Robert A. Ravitz, First Asst. Public Defender, Oklahoma County, Oklahoma City, for petitioner.

Robert A. Macy, Dist. Atty., Oklahoma County, John W. Kelson, Asst. Dist. Atty., Oklahoma City, for respondent.

OPINION

CORNISH, Judge:

The petitioner, Johnson, requests this Court to prohibit the State from bringing him to trial on charges of Rape in the First Degree, Burglary, Robbery in the First Degree and Attempted Rape. Johnson claims that because the State introduced evidence of these crimes during the sentencing stage of a capital case, in which he was sentenced to death, the State is now barred from trying him on these crimes under the double jeopardy provisions...

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