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TOLES v. STATE

No. F-94-1145.

947 P.2d 180 (1997)

Bryan Anthony TOLES, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied December 1, 1997.

Attorney(s) appearing for the Case

Stephen Hess, Mike Wilson, Oklahoma Indigent Defense System, Norman, Defense Counsel at trial.

Robert Schulte, District Attorney, Keith Aycock, Assistant District Attorney, Lawton, Prosecutor at trial.

Jamie D. Pybas, Oklahoma Indigent Defense System, Norman, for Appellant on appeal.

W.A. Drew Edmondson, Attorney General, Robert Whitaker, Assistant Attorney General, Oklahoma City, for the State on appeal.

OPINION

LANE, Judge:

Bryan Anthony Toles, Appellant, was tried by jury for the crimes of Murder in the First Degree (Counts I and II) (21 O.S.1991, § 701.7(A)); Conspiracy to Commit Robbery After Former Conviction of a Felony (Count V) (21 O.S.1991, § 421); Attempted Robbery with Firearm (Count VI) (21 O.S.1991, § 797); and Possession of a Weapon After Former Conviction of a Felony (Count VII...

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