OPINION
BUSSEY, Judge:
On October 4, 1988, petitioner filed an application for a writ of Habeas Corpus and Modification of Invalid Death Sentence to Life Imprisonment in Muskogee County District Court Case No. CRF-82-192. On November 16, 1988, oral argument on the matter was held before this Court.
I.
PROCEDURAL BACKGROUND
Petitioner was tried by jury and convicted of First Degree Murder and sentenced to death on October 25, 1982...
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