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MALONE v. STATE

No. D-2005-600.

168 P.3d 185 (2007)

2007 OK CR 34

Ricky Ray MALONE, Appellant v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

August 31, 2007.

Attorney(s) appearing for the Case

Don. J. Gutteridge, Oklahoma City, OK, Cheryl A. Ramsey, Stillwater, OK, attorneys for defendant at trial.

Robert Schulte, District Attorney for Comanche County, Lawton, OK, Mark Clark, Assistant District Attorney, Walters, OK, attorneys for the State at trial.

James H. Lockard, Deputy Division Chief, Kathleen Smith, Capital Direct Appeals Division, Oklahoma Indigent Defense System, Norman, OK, attorneys for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Seth S. Branham, Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

OPINION

CHAPEL, Judge.

¶ 1 Ricky Ray Malone, Appellant, was tried by jury and convicted of First-Degree Malice Aforethought Murder, in violation of 21 O.S.2001, § 701.7(A), in the District Court of Comanche County, Case No. CF-2005-147.1 In the sentencing phase, the jury recommended a death sentence for the murder, after finding three aggravating circumstances: 1) that the murder was "committed for the purpose...

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