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STATE v. JOHNSON

No. S-90-1067.

877 P.2d 1136 (1992)

STATE of Oklahoma, Appellant, v. William Boyd JOHNSON and Steven David Smith, Appellees.

Court of Criminal Appeals of Oklahoma.

Opinion on Rehearing January 26, 1994.

Attorney(s) appearing for the Case

Norman D. Thygesen, Asst. Dist. Atty., Janet Bickel, Legal Intern, Muskogee, for appellant.

Julian K. Fite, Muskogee, for appellees.

OPINION

JOHNSON, Judge:

The State of Oklahoma, under 22 O.S. 1981, § 1053.1, is appealing a ruling of District Judge William Bliss, District Court of Muskogee County. On September 11, 1990, in Case No. CRF-88-527, Judge Bliss granted Appellees' motion to dismiss the charge of Operating a Chop Shop under 47 O.S.Supp. 1988, § 1503(C)(1), for the reasons that 47 O.S.Supp. 1988, § 1503(C)(1) is unconstitutionally...

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