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PERKINS v. STATE

No. F-83-213.

695 P.2d 1364 (1985)

Merle PERKINS, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Concurring Opinion Corrected March 15, 1985.

Attorney(s) appearing for the Case

E. Alvin Schay, Appellate Public Defender, Norman, for appellant.

Michael C. Turpen, Atty. Gen., William H. Luker, Asst. Atty. Gen., State of Okl., Oklahoma City, for appellee.

MEMORANDUM OPINION

BUSSEY, Judge:

The appellant, Merle Perkins, hereinafter referred to as the defendant, was convicted of Second Degree Burglary, After Former Conviction of a Felony, in Bryan County District Court, Case No. CRF-81-163, was sentenced to ten (10) years' imprisonment, and he appeals.

Testimony revealed that at approximately 3:00 a.m. on January 20th, 1981, Cindy Spencer awoke at her...

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