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KOLBERG v. STATE

No. F-95-1355.

925 P.2d 66 (1996)

John David KOLBERG, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

August 22, 1996.

Attorney(s) appearing for the Case

Karen E. Byars, Oklahoma City, for appellant at trial.

H. Edward Terry, Asst. District Attorney, Shawnee, for the State at trial.

Thomas Purcell, Appellate Defense Counsel, Norman, for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma and Katharine J. Hodgins, Assistant Attorney General, Oklahoma City, for the State on appeal.

SUMMARY OPINION

LUMPKIN, Judge:

Appellant John David Kolberg was tried by jury in Pottawatomie County Case No. CRF-95-415 and convicted of Count I, Escape from Arrest or Detention (21 O.S.1991, § 444(C)) and Count II, Driving While Under the Influence of Intoxicating Beverage, second and subsequent offense (47 O.S.Supp. 1995, § 11-902). The jury recommended he be sentenced to a term of five...

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