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FITE v. STATE

No. F-89-353.

873 P.2d 293 (1993)

Larry Don FITE, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Order Denying Rehearing in Part and Granting Rehearing in Part March 8, 1994.

Attorney(s) appearing for the Case

James O. Braly, Durant, Trial Counsel and Lisbeth McCarty, Asst. Appellate Indigent Defender, Norman, Appellate Counsel, for appellant.

Mary Faulkner, Asst. Dist. Atty., Durant, Trial Counsel, and Susan Brimer Loving, Atty. Gen. of Oklahoma and Wellon B. Poe, Asst. Atty. Gen., Oklahoma City, Appellate Counsel, for appellee.

OPINION

CHAPEL, Judge:

Larry Don Fite was charged in Bryan County District Court, Case No. CRF-88-89, with Unlawful Cultivation of Marijuana, After Two or More Felonies, in violation of 63 O.S.Supp. 1987, § 2-509. Fite was tried by a jury before the Honorable Rocky L. Powers, District Judge. The jury returned a verdict of guilty and recommended he be sentenced to twenty (20) years imprisonment and fined $100,000. The trial court sentenced him...

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