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GARCIA v. STATE

No. F-93-695.

904 P.2d 144 (1995)

Antonio De Jesus GARCIA, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

September 29, 1995.

Attorney(s) appearing for the Case

John Herndon, Chickasha, for appellant at trial.

Allen Smith, Asst. Appellate Indigent Defender, Norman, for appellant on appeal.

Robert Beal & Martha Shannon, Asst. District Attorneys, Chickasha, for the State at trial.

Susan Brimer Loving, Attorney General of Oklahoma and Timothy L. Faerber, Assistant Attorney General, Oklahoma City, for the State on appeal.

OPINION

LUMPKIN, Judge:

Appellant Antonio de Jesus Garcia was charged with First Degree Rape, Count 1; Forcible Oral Sodomy, Count 2; and Forcible Anal Sodomy, Count 3. The Grady County jury returned verdicts of not guilty to the primary charges but found Appellant guilty of lesser included offenses in Count 2, oral sodomy (21 O.S. 1991, § 886); and Count 3, anal sodomy (21 O.S. 1991, § 886) in Cause No. CRF-92-112. The jury recommended...

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