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MARTINEZ v. STATE

No. F-97-583.

984 P.2d 813 (1999)

1999 OK CR 33

Gilberto MARTINEZ, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied October 8, 1999.

Attorney(s) appearing for the Case

Mark Barrett, Anne M. Moore, Oklahoma Indigent Defense System — Capital Trial Division, Norman, OK, for appellant at trial.

Brad Leverett, Assistant District Attorney, Altus, Oklahoma, for the State at trial.

Gloyd G. McCoy, Coyle & McCoy, Oklahoma City, OK, for appellant on appeal.

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

Dan Deaver, Assistant District Attorney, Frederick, Oklahoma, for the State on appeal.

OPINION

LUMPKIN, V.P.J.

¶ 1 Appellant Gilberto Martinez was tried by jury and convicted of two counts of First Degree Murder (felony murder) in violation of 21 O.S.1991, § 701.7, in Case No. CRF-87-48, District Court of Tillman County.1 The jury found the existence of two (2) aggravating circumstances2 on both counts and recommended...

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