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BOYETTE v. STATE

No. F-85-602.

764 P.2d 1365 (1988)

Elvin Eugene BOYETTE, Petitioner, v. STATE of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

November 17, 1988.

Attorney(s) appearing for the Case

Pete Gelvin, Asst. Public Defender, Oklahoma City, for petitioner.

Robert H. Henry, Atty. Gen., Wellon B. Poe, Asst. Atty. Gen., Oklahoma City, for respondent.

OPINION

BUSSEY, Judge:

Petitioner, Elvin Eugene Boyette, was charged, tried and convicted by a jury of Attempting to Gain Money Under False Pretense After Former Conviction of Two or More Felonies. He received a sentence of twenty (20) years incarceration. From this judgment and sentence, appellant appeals to this Court. We reverse.

On July 27, 1984, appellant presented a check for payment at Stockton's...

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