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DALE v. STATE

No. F-2000-681.

38 P.3d 910 (2002)

2002 OK CR 1

Kenneth Earl DALE, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

January 2, 2002.

Attorney(s) appearing for the Case

William E. Erickson, Sapulpa, OK, Attorney for Defendant at trial.

Glen D. Hickerson, Assistant District Attorney, Okemah, OK, Attorney for the State at trial.

Gloyd McCoy, Oklahoma City, OK, Attorney for Appellant on appeal.

Kellye Bates, Assistant Attorney General, Oklahoma City, OK, Attorney for the State on appeal.

SUMMARY OPINION

JOHNSON, Vice-Presiding Judge.

¶ 1 Appellant, Kenneth Earl Dale, was tried by jury in Okfuskee County District Court, Case No. CF-1999-118, for Count 1: Unlawful Cultivation of Marijuana (63 O.S.Supp.1999, § 2-509) and Count 2: Use of a Firearm in the Commission of a Felony (21 O.S.Supp.1999, § 1287). The jury found Appellant guilty on both counts and recommended punishment of 55 years imprisonment and a $50,000 fine...

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