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JOHNSON v. STATE

No. F-93-281.

928 P.2d 309 (1996)

Mark David JOHNSON, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected August 22, 1996.

Rehearing Granted December 24, 1996.

Attorney(s) appearing for the Case

Gary L. Henry, Ardmore, Samson R. Buck, Ardmore, Defense Counsel, at trial.

Fred Collins, District Attorney, Ardmore, L. Jack Barton, First Assistant District Atty., Marietta, Prosecutors, at trial.

Carol A. Walker and Robert W. Jackson, Asst. Appellate Indigent Defenders, Norman, for Appellant on appeal.

Susan Brimer Loving, Attorney General of Oklahoma, A. Diane Blalock, Assistant Attorney General, Oklahoma City, for the State on appeal.

OPINION

LANE, Judge:

Mark David Johnson, Appellant, was convicted by jury for the crime of malice aforethought First Degree Murder in violation of 21 O.S.1991, § 701.7(A) in Love County District Court Case No. CRF-91-46. The jury recommended the death sentence after finding two aggravating circumstances: (1) the murder was especially heinous, atrocious or cruel, and (2) there was a probability...

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