SPEARS v. STATE

Case No. F-2019-330.

485 P.3d 873 (2021)

2021 OK CR 7

Michael Eugene SPEARS, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

FILED April 1, 2021.


Attorney(s) appearing for the Case

APPEARANCES AT TRIAL

JACK E. GORDON, JR. , ATTORNEY AT LAW, 111 S. MUSKOGEE AVE., CLAREMORE, OK 74017, COUNSEL FOR DEFENDANT.

LAWRENCE A. MARTIN , ATTORNEY AT LAW, 123 S. BROADWAY, CLEVELAND, OK 74020, COUNSEL FOR DEFENDANT.

ISAAC SHIELDS , ASST. DISTRICT ATTORNEY, ROGERS COUNTY COURTHOUSE, 200 S. LYNN RIGGS BLVD., CLAREMORE, OK 74017, COUNSEL FOR STATE.

APPEARANCES ON APPEAL

JAMES H. LOCKARD , DEPUTY DIVISION CHIEF, HOMICIDE DIRECT APPEALS DIVISION, OKLAHOMA INDIGENT DEFENSE SYSTEM, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR APPELLANT.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, KEELEY L. MILLER , ASSISTANT ATTORNEY GENERAL, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR APPELLEE.

APPEARANCES ON REMAND

MATT BALLARD , DISTRICT ATTORNEY, ROGERS COUNTY COURTHOUSE, 200 S. LYNN RIGGS BLVD., CLAREMORE, OK 74017, COUNSEL FOR STATE.

JAMES H. LOCKARD , DEPUTY DIVISION CHIEF, HOMICIDE DIRECT APPEALS DIVISION, OKLAHOMA INDIGENT DEFENSE SYSTEM, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR APPELLANT.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, RANDALL YOUNG , JULIE PITTMAN , ASSISTANT ATTORNEY GENERALS, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR STATE.

SARA HILL , CHRISSI NIMMO, CHEROKEE NATION OFFICE OF THE ATTORNEY GENERAL, P.O. BOX 1533, TAHLEQUAH, OK 74465.


OPINION

¶1 Michael Eugene Spears was tried by jury in the District Court of Rogers County, Case No. CF-2017-1013, and convicted of First Degree Murder, in violation of 21 O.S.Supp.2012, § 701.7. In accordance with the jury's recommendation...

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