OPINION
C. JOHNSON, Judge:
¶ 1 Appellant, Karl Lee Myers, was tried in Rogers County District Court, Case No. CF 96-233, for First Degree Murder, with malice aforethought, and/or in the alternative, First Degree Murder, while in the commission of a felony based upon the underlying felony of rape by force or fear, in violation of 21 O.S.1991, § 701.7(A) or § 701.7(B).
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