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MITCHELL v. STATE

No. D2003-248.

120 P.3d 1196 (2005)

2005 OK CR 15

James Lawrence MITCHELL, III, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

September 14, 2005.

Attorney(s) appearing for the Case

Connie Pope, James Siderias, Asst. District Attorneys, Oklahoma City, OK, Attorneys for the State at trial.

John B. Albert, Oklahoma City, OK, Attorney for the Defendant at trial.

James H. Lockard, Deputy Division Chief, Michael Morehead, Appellate Defense Counsel, Norman, OK, Attorney for Appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Robert Whitaker, Assistant Attorney General, Oklahoma City, OK, Attorneys for State on appeal.

OPINION

C. JOHNSON, Judge:

¶ 1 Appellant, James Lawrence Mitchell, III., was convicted by a jury in Oklahoma County District Court, Case No. CF 2000-4712, of First Degree Murder (Child Abuse), in violation of 21 O.S.Supp.2000, § 701.7(C) (Count 1), Child Abuse, in violation of 10 O.S.Supp.1999, § 7115 (Count 3), and Child Sexual Abuse, in violation of 10 O.S.Supp. 1999, § 7115 (Count 4), after former conviction of two felonies...

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