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WACKERLY v. STATE

No. F-98-554.

12 P.3d 1 (2000)

2000 OK CR 15

Donald Ray WACKERLY, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied October 10, 2000.

Attorney(s) appearing for the Case

Steven D. Hess, Oklahoma Indigent Defense System, Capital Trial Division, Norman, Larry W. Tedder, Oklahoma City, For Appellant at Trial.

Darrell Dowty, Tahlequah, for the State at Trial.

Katherine Jane Allen, Kimberly D. Heinze, Michael D. Morehead, Oklahoma Indigent Defense System, Capital Direct Appeals Div., Norman, for Appellant on Appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Seth S. Branham, Assistant Attorney General, Oklahoma City, for Appellee on Appeal.

OPINION

STRUBHAR, Presiding Judge:

¶ 1 Appellant, Donald Ray Wackerly, was convicted of First Degree Murder and First Degree Robbery, in the District Court of Sequoyah County, Case No. CF-96-349, after a jury trial held before the Honorable John Garrett. As to the count of First Degree Murder, the State filed a Bill of Particulars alleging two aggravating circumstances: 1) that the murder was committed for...

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