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GILBERT v. STATE

No. F-96-31.

951 P.2d 98 (1997)

Lewis Eugene GILBERT, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied February 3, 1998.

Attorney(s) appearing for the Case

Mark Barrett, Mike Wilson, Oklahoma Indigent Defense, Norman, for Appellant at trial.

Tim D. Kuykendall, District Attorney, R. Richard Sitzman, Assistant District Attorney, Norman, for the State at trial.

Anne Moore, Oklahoma Indigent Defense, Norman, for Appellant on appeal.

W.A. Drew Edmondson, Attorney General, William L. Humes, Assistant Attorney General, Oklahoma City, for the State on appeal.

OPINION

LUMPKIN, Judge.

Appellant Lewis Eugene Gilbert was tried by jury and convicted of First Degree Malice Aforethought Murder (Count I) (21 O.S.1991, § 701.7), Kidnapping (Count II) (21 O.S.1991, § 741), Robbery with Firearms (Count III) (21 O.S.1991, § 801), Case No. CF-94-1125, in the District Court of Cleveland County. In Count I the jury found the existence of two (2) aggravating...

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