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FITZGERALD v. STATE

No. D-2000-1502.

61 P.3d 901 (2002)

2002 OK CR 31

James J. FITZGERALD, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Dismissed September 26, 2002.

Attorney(s) appearing for the Case

Silas Lyman, G. Lynn Burch, III, Kathy Lafortune, Oklahoma Indigent Defense System, Capital Trial Division, Sapulpa, OK, Attorneys For Defendant at trial.

Tim Harris, District Attorney, Doug Drummond, First Assistant District Attorney, Tulsa, OK, Attorneys for the State at trial.

G. Lynn Burch, III, Capital Trial Division-Tulsa, Oklahoma Indigent Defense System, Norman, OK, Attorney for Appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Nancy E. Connally, Assistant Attorney General, Oklahoma City, OK, Attorneys for Appellee on appeal.

OPINION

CHAPEL, Judge:

¶ 1 James Fitzgerald was tried by jury and convicted of Count I: Robbery with a Firearm in violation of 21 O.S.1991, § 801; Count II: Attempted Robbery with a Firearm in violation of 21 O.S.1991, § 801; Count III: First Degree Murder in violation of 21 O.S. 1991, § 701.7; and Count IV: Robbery with a Firearm in violation of 21 O.S.1991, § 801 in Tulsa County...

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