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DAVIS v. STATE

No. D-2003-256.

103 P.3d 70 (2004)

2004 OK CR 36

Brian Darrell DAVIS, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

December 14, 2004.

Attorney(s) appearing for the Case

L. Wayne Woodyard, John Dalton, Oklahoma Indigent Defense System, Capital Trial Division, Sapulpa, OK, attorneys for appellant at trial and appeal.

Mark L. Gibson, District Attorney, Brian Surber, Assistant District Attorney, Newkirk, OK, attorneys for the state at trial.

W.A. Drew Edmondson, Attorney General of Oklahoma, Robert Whittaker, Assistant Attorneys General, Oklahoma City, OK, Mark L. Gibson, District Attorney, Newkirk, OK, attorneys for appellee on appeal.

OPINION

STRUBHAR, Judge.

¶ 1 Brian Darrell Davis, Appellant, was tried by jury in the District Court of Kay County, Case No. CF-2001-733, where he was convicted of one count of First Degree Malice Murder and one count of First Degree Rape, After Former Conviction of Two Felonies. The jury set punishment at death for the murder after finding the murder was especially heinous, atrocious or cruel

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