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JAMES v. STATE

No. F-2007-1052.

204 P.3d 793 (2009)

2009 OK CR 8

Daniel Cole JAMES, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

March 6, 2009.

Attorney(s) appearing for the Case

Kevin Adams, Attorney at Law, Tulsa, OK, attorney for defendant at trial.

James M. Hawkins, Assistant District Attorney, Tulsa, OK, attorney for the State at trial.

Lisbeth L. McCarty, Indigent Defense System, Norman, OK, attorney for appellant on appeal.

W.A. Drew Edmondson, Attorney General, William R. Holmes, Assistant Attorney General, Oklahoma City, OK, attorneys for the State on appeal.

OPINION

C. JOHNSON, Presiding Judge.

¶ 1 Appellant, Daniel Cole James, was convicted by a jury in Tulsa County District Court, Case No. CF-2004-3354, of Count 1: Rape by Instrumentation (21 O.S.2001, § 1111) and Count 2: Lewd Molestation (21 O.S.Supp.2002, § 1123). The jury sentenced Appellant to 35 years imprisonment on Count 1, and to 20 years imprisonment on Count 2. On October 23, 2007, the Honorable Thomas C. Gillert, District Judge,...

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