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HORN v. STATE

No. F-2007-1240.

204 P.3d 777 (2009)

2009 OK CR 7

Alton A. HORN, III, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

March 6, 2009.

Attorney(s) appearing for the Case

Jacob Benedict, Robin McPhail, Assistant Public Defenders, Oklahoma City, OK, Counsel for Appellant at trial.

C. Wesley Lane, II, District Attorney, Suanne Carlson, Assistant District Attorney, Oklahoma City, OK, Counsel for the State at trial.

Kim Chandler Baze, Assistant Public Defender, Oklahoma City, OK, Counsel for Appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Keeley L. Harris, Assistant Attorney General, Oklahoma City, OK, Counsel for the State on appeal.

OPINION

LUMPKIN, Judge.

¶ 1 Appellant Alton A. Horn, III, was tried by jury for First Degree Rape (Counts 1-18) (21 O.S.1991, § 1114); and Forcible Oral Sodomy (Counts 19-30) (21 O.S.Supp.1992, § 888), Case No. CF-2005-4708, in the District Court of Oklahoma County. The trial court dismissed Counts 5, 19, and 23, after sustaining in part the defendant's demurrer to the evidence at the conclusion of the State's case. The jury acquitted...

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