KELLEY v. STATE

Case No. F-2018-12.

451 P.3d 566 (2019)

2019 OK CR 25

Daniel Bryan KELLEY, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

FILED October 3, 2019.


Attorney(s) appearing for the Case

APPEARANCES AT TRIAL, REBECCA NEWMAN , STUART SOUTHERLAND , ASSISTANT PUBLIC DEFENDERS, 423 S. BOULDER AVE., SUITE 300, TULSA, OK 74103-3805, COUNSEL FOR DEFENDANT.

KENNETH ELMORE , KEVIN KELLER , ASST. DISTRICT ATTORNEYS, 500 S. DENVER, TULSA, OK 74103, COUNSEL FOR STATE.

APPEARANCES ON APPEAL, NICOLE DAWN HERRON , TULSA COUNTY PUBLIC, DEFENDER'S OFFICE, 423 S. BOULDER AVE., SUITE 300, TULSA, OK 74103-3805, COUNSEL FOR APPELLANT.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, THEODORE M. PEEPER , ASSISTANT ATTORNEY GENERAL, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR APPELLEE.


OPINION

¶1 Before the Court is Appellant Daniel Bryan Kelley's direct appeal following his resentencing trial in the District Court of Tulsa County, Case No. CF-2015-694. Kelley was convicted in his original jury trial of First Degree Rape by Instrumentation, After Former Conviction of Two Felonies...

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