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MARTINEZ v. STATE

No. F-88-241.

904 P.2d 138 (1995)

Gilberto Hernandez MARTINEZ, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

September 14, 1995.

Attorney(s) appearing for the Case

Clyde Amyx, Frederick, Defense Counsel at trial.

Steven S. Suttle, District Attorney, David Thomas, Assistant District Attorney, Altus, and Carl Anderson, Assistant District Attorney, Frederick, Prosecutors at trial.

Anne M. Moore, Asst. Appellate Public Defender, Norman, for appellant on appeal.

Susan Brimer Loving, Attorney General of Oklahoma and Dan Connally, Assistant Attorney General, Oklahoma City, for the State on appeal.

OPINION

LANE, Judge:

This felony-murder case arises out of an arson fire which destroyed the home of Mary Castillo, and killed two of her five children in Frederick, Oklahoma, on June 6, 1987. Appellant, Gilberto Hernandez Martinez, was convicted of two counts of Murder in the First Degree in Tillman County District Court, Case No. CRF-87-48. The jury recommended a sentence of death on each count which...

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