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MURPHY v. STATE

No. D-2000-705.

47 P.3d 876 (2002)

2002 OK CR 24

Patrick Dwayne MURPHY, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

May 22, 2002.

Attorney(s) appearing for the Case

James C. Bowen, Tulsa, OK, Richard Lerblance, Hartshorne, OK, Counsel for Appellant at trial.

Rob Barris, Assistant District Attorney, Okmulgee, OK, Philip Cozzoni, Assistant District Attorney, Eufaula, OK, Counsel for the State at trial.

Steven M. Presson, Robert Wade Jackson, Norman, OK, Counsel for Appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Timothy J. Gifford, Assistant Attorney General, Oklahoma City, OK, Counsel for the State on appeal.

OPINION

LUMPKIN, Presiding Judge:

¶ 1 Appellant, Patrick Dwayne Murphy, was tried by jury in the District Court of McIntosh County, Case Number CF-1999-164A, and convicted of First Degree Murder, in violation of 21 O.S.Supp.1996, § 701.7(A). The jury found the existence of two aggravating circumstances: that the murder was especially heinous, atrocious, or cruel; and that there is a probability...

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