OPINION
A. JOHNSON, Presiding Judge.
¶ 1 Appellant John Fitzgerald Neloms, Jr. was tried by jury in the District Court of Cleveland County in Case No. CF-2007-1812, for First Degree Rape in violation of 21 O.S.2001, § 1114(A)(3) (Count 1), and First Degree Rape by Instrumentation in violation of 21 O.S.Supp.2007, § 1111.1 (Count 2).
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