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SALAZAR v. STATE

No. PCD-2002-984.

126 P.3d 625 (2005)

2005 OK CR 24

Maximo Lee SALAZAR, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

December 7, 2005.

Attorney(s) appearing for the Case

Bryan Lester Dupler, Laura M. Alredge, Vicki Ruth Adams, O.I.D.S., Capital Post Conviction Division, Norman, OK, Attorneys for Petitioner.

Brant M. Elmore, Asst. Attorney General, W.A. Drew Edmondson, Attorney General, Oklahoma City, OK, Attorneys for Respondent.

OPINION GRANTING POST-CONVICTION RELIEF

AFTER REMAND FOR JURY DETERMINATION ON ISSUE OF MENTAL RETARDATION

Opinion by C. JOHNSON, J.

¶ 1 Petitioner, Maximo Lee Salazar, was convicted by a jury in Comanche County District Court, Case No. CRF 1987-460, of First Degree Malice Aforethought Murder, in violation of 21 O.S.Supp.1982, § 701.7 (Count 1) and Burglary in the First Degree, in violation of 21 O.S.1981, § 1431 (Count...

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