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MILLER v. STATE

No. D-99-33.

29 P.3d 1077 (2001)

2001 OK CR 17

Jervaughn Warren MILLER, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected August 17, 2001.

Attorney(s) appearing for the Case

Steven Hess, Larry Tedder, Oklahoma Indigent Defense System, Norman, OK, Counsel for Appellant at trial.

Fred Smith, 1st Assistant District Attorney, Comanche County Courthouse, Lawton, OK, Counsel for the State at trial.

Julie L. Gardner, Timothy J. Gifford, Oklahoma Indigent Defense System, Norman, OK, Counsel for Appellant on appeal.

W.A. Drew Edmondson, Attorney General Of Oklahoma, Jennifer B. Miller, Assistant Attorney General, Oklahoma City, OK, Counsel for the State on appeal.

Mark Henricksen, Henricksen & Henricksen Lawyers, Inc., El Reno, for Appellant on appeal.

OPINION

LUMPKIN, Presiding Judge:

¶ 1 Appellant, Jervaughn Warren Miller, was tried by jury in the District Court of Comanche County, Case No. CRF-97-456, and convicted of First Degree Murder (Count I), in violation of 21 O.S.1991, § 701.7(A), and Assault and Battery with a Deadly Weapon, after former conviction of a felony (Count II), in violation of 21 O.S.Supp. 1992, § 652. Following...

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