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EIZEMBER v. STATE

No. D-2005-319.

164 P.3d 208 (2007)

2007 OK CR 29

Scott James EIZEMBER, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected August 10, 2007.

Attorney(s) appearing for the Case

Craig D. Corgan, Charles T. Laughlin, Janet Chesley, Oklahoma Indigent Defense System, Norman, OK, counsel for appellant at trial.

Max Cook, District Attorney, Mike Loeffler, Pamela Hammers, Assistant District Attorneys, Sapulpa, OK, counsel for the State at trial.

Lee Ann Jones Peters, Jamie D. Pybas, Oklahoma Indigent Defense System, Norman, OK, counsel for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Seth S. Branham, Assistant Attorney General, Oklahoma City, OK, counsel for the State on appeal.

OPINION

LUMPKIN, P.J.

¶ 1 Appellant Scott James Eizember was tried by jury and convicted of Second Degree Felony Murder (Count I) (21 O.S.2001, § 701.8(2)); First Degree Malice Murder (Count II) (21 O.S.2001, § 701.7(A)); Assault and Battery with a Dangerous Weapon (Count III) (21 O.S.2001, § 645); Shooting with Intent to Kill (Count IV) (21 O.S. 2001, § 652); First Degree Burglary (Count V) (21 O.S.2001, § 1431); and...

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