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HARNEY v. STATE

No. F-2009-908.

256 P.3d 1002 (2011)

2011 OK CR 10

Brian Hayden HARNEY, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

February 15, 2011.

Attorney(s) appearing for the Case

Linda M. Branstetter , Nowata, OK, for appellant at trial.

Virgil L. Smith , Assistant District Attorney, Nowata, OK, for the State at trial.

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

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

SUMMARY OPINION

LUMPKIN, Judge.

¶ 1 Appellant, Brian Hayden Harney, was tried by jury and convicted of Driving a Motor Vehicle While Under the Influence of Alcohol, a felony, (47 O.S.Supp.2006, § 11-902(A)(2)) in the District Court of Nowata County, Case Number CF-2008-85 and Driving With License Revoked (47 O.S.Supp.2007, § 6-303) in the District Court of Nowata County, Case Number CM-2008-199. The jury recommended as punishment imprisonment...

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