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GILMORE v. STATE

No. F-89-0386.

855 P.2d 143 (1993)

Ronnie GILMORE, Sr., Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

June 9, 1993.

Attorney(s) appearing for the Case

E. Mack Bedwell, Durant, Allen Smith, Asst. Appellate Public Defender, Norman, for appellant.

Teresa McGehee, Asst. Dist. Atty., Durant, Susan B. Loving, Atty. Gen., Sandra D. Howard, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

LANE, Judge:

Ronnie Gilmore, Sr., appellant, was tried by jury and convicted for the crime of Rape in the First Degree (21 O.S.Supp. 1983, § 1114(A)) in Bryan County District Court, Case No. CRF-88-53. The trial court sentenced appellant to seventy-five (75) years in the custody of the Department of Corrections in accord with the jury recommendation.

Appellant raises two propositions of error: (1) that the trial court erred by instructing...

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