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MOONEY v. STATE

No. F-95-1140.

990 P.2d 875 (1999)

1999 OK CR 34

Jerry Duwane MOONEY, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

August 31, 1999.

Attorney(s) appearing for the Case

Sherry Wallace, Oklahoma City, for Defendant at trial.

Luther Cowan, Assistant District Attorney, Cordell, for the State at trial.

Lee Ann Jones Peters, Appellate Indigent Defense, Norman, for Appellant on appeal.

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

OPINION

JOHNSON, Judge:

¶ 1 Jerry Mooney was tried by a jury in the District Court of Washita County, Case No. CF-94-5, before the Honorable Richard Darby. Mooney was convicted of First Degree Malice Aforethought Murder. After finding the existence of three aggravating circumstances — the murder was especially heinous, atrocious, or cruel; the murder was committed to avoid lawful arrest...

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