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JOHNSON v. STATE

No. D-2003-351.

95 P.3d 1099 (2004)

2004 OK CR 25

Mark David JOHNSON, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

July 19, 2004.

Attorney(s) appearing for the Case

James C. Bowen, Silas R. Lyman, G.Lynn Burch, Attorneys at Law, Capital Trial Division, Oklahoma Indigent Defense System, Sapulpa, OK, attorneys for defendant at trial.

Charles J. Migliorino, Assistant District Attorney, Tishomingo, OK, Paule' Thrift Haggerty, Assistant District Attorney, Madill, OK, attorneys for the state at trial.

G. Lynn Burch, III, Capital Defense Counsel, Oklahoma Indigent Defense System, Norman, OK, attorney for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Seth S. Branham, Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

OPINION

CHAPEL, Judge.

¶ 1 On July 29, 1991, Mark David Johnson (along with codefendant Ricky Masquat) was charged with First Degree Murder in violation of 21 O.S.1991, § 701.1 in Love County District Court Case No. CRF-91-46. A Bill of Particulars was filed alleging two aggravating circumstances: 1) that the murder was especially heinous, atrocious and cruel and 2) the probability that Johnson...

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