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SMITH v. STATE

No. F-84-506.

737 P.2d 1206 (1987)

Phillip Dewitt SMITH, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied June 22, 1987.

Attorney(s) appearing for the Case

Patti Palmer, Deputy Appellate Public Defender, Norman, for appellant.

Michael C. Turpen, Atty. Gen., Hugh A. Manning, Asst. Dist. Atty., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

Phillip DeWitt Smith was convicted by a jury in Muskogee County District Court of Murder in the First Degree. The jury found the existence of three aggravating circumstances in accordance with 21 O.S. 1981, § 701.12 and recommended that the death penalty be imposed. The sentence was assessed accordingly by the trial court.

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