OPINION
LILE, Vice Presiding Judge.
¶ 1 Appellant, Jason Leon Cruse, was convicted at jury trial of First Degree Malice Aforethought Murder (21 O.S.Supp.1998 § 701.7) in the District Court of Murray County, Case No. CF-2000-105. The jury was unable to recommend a sentence. The Honorable John H. Scaggs, District Judge, sentenced Appellant to life imprisonment without the possibility of parole, suspending the "without the possibility of parole...
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