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SUMMERS v. STATE

No. D-2008-313.

231 P.3d 125 (2010)

2010 OK CR 5

Phillip Anthony SUMMERS, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

February 25, 2010.

Attorney(s) appearing for the Case

Robert Stubblefield, Mark Matheson, Attorneys at Law, Tulsa, OK, attorneys for defendant at trial.

Tim Harris, District Attorney for Tulsa County, Steve Kunzweiler, Assistant District Attorney for Tulsa County, Tulsa, OK, attorneys for the State at trial.

James L. Hankins, Ogle Law Office, P.L.L.C., Oklahoma City, OK, attorney for appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Jennifer J. Dickson, Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

OPINION

CHAPEL, Judge.

¶ 1 Phillip Anthony Summers was tried by jury and convicted of two counts of First-Degree Malice Aforethought Murder, in violation of 21 O.S.2001, § 701.7(A), in the District Court of Tulsa County, Case No. CF-2004-2056 (Counts I and II). In the sentencing phase, the jury recommended a sentence of death for both murders, after finding the following three aggravating circumstances in relation to both: 1) that Summers...

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