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SMITH v. STATE

No. D-2003-1120.

157 P.3d 1155 (2007)

2007 OK CR 16

Michael DeWayne SMITH, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

April 26, 2007.

Attorney(s) appearing for the Case

L. Wayne Woodyard, Silas R. Lyman, II, Oklahoma Indigent Defense System, Capital Trial Division, Sapulpa, OK, attorneys for defendant at trial.

Stephen Deutsch, James Siderias, Assistant District Attorneys, District Attorney's Office, Oklahoma City, OK, attorneys for the State at trial.

Traci J. Quick, L. Wayne Woodyard, Capital Defense Counsel, Oklahoma Indigent Defense System, Capital Trial Division, Sapulpa, OK, attorneys for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Robert Whittaker, Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

OPINION

A. JOHNSON, Judge.

¶ 1 Appellant Michael DeWayne Smith, was tried by jury for the following crimes: Burglary in the First Degree in violation of 21 O.S.2001, § 1431 (Count 1); two counts of Murder in the First Degree in violation of 21 O.S.2001, § 701.7 (Counts 2 and 3); Robbery with a Firearm in violation of 21 O.S.2001, § 801 (Count 4); and Arson in the First Degree in violation of 21 O.S.2001, § 1401 (Count 5),...

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