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SMALLWOOD v. STATE

No. F-93-514.

907 P.2d 217 (1995)

Dion Athanasius SMALLWOOD, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied December 28, 1995.

Attorney(s) appearing for the Case

Barry Albert, Assistant Public Defender, Oklahoma City, for defendant at trial.

Fern Smith, Sandra Stensaas, Assistant District Attorneys, Oklahoma City, for the State at trial.

James Dennis, Assistant Public Defender, Oklahoma City, for appellant on appeal.

Susan Brimer Loving, Attorney General of Oklahoma, William L. Humes, Assistant Attorney General, Oklahoma City, for appellee on appeal.

OPINION

LANE, Judge:

Appellant, Dion Athanasius Smallwood, was charged with murder in the first degree (Malice Aforethought) and third degree arson. He was convicted May 13, 1993 on both counts after a two-stage jury trial in the District Court of Oklahoma County, Case No. CF-92-809 before the Honorable Leamon Freeman, District Judge. After the sentencing stage proceeding, the jury recommended Appellant...

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