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COLE v. STATE

No. D-2004-1260.

164 P.3d 1089 (2007)

2007 OK CR 27

Benjamin Robert COLE, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

July 11, 2007.

Attorney(s) appearing for the Case

G. Lynn Burch, James C. Bolen, Okla. Indigent Defense System, Capital Trial Division, Sapulpa, OK, counsel for appellant at trial.

Ray Hasselman, First Assistant District Attorney, Patrick Abitbol, Assistant District Attorney, Claremore, OK, counsel for the State at trial.

James L. Hankins, Ogle & Welch, Oklahoma City, OK, counsel for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Jennifer J. Dickson, Assistant Attorney General, Oklahoma City, OK, counsel for the State on appeal.

OPINION

LUMPKIN, Presiding Judge.

¶ 1 Appellant, Benjamin Robert Cole, was tried by jury in the District Court of Rogers County, Case Number CF-2002-597, and convicted of First Degree Murder, in violation of 21 O.S.Supp.2001, § 701.7(C). The jury found the existence of two aggravating circumstances: (1) that Appellant had been previously convicted of a felony involving the use or threat of violence to the person; and (2) that the murder...

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