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McCLAIN v. STATE

No. F-2020-420.

501 P.3d 1009 (2021)

2021 OK CR 38

Jeffrey Don MCCLAIN, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

FILED November 18, 2021.

Attorney(s) appearing for the Case

APPEARANCES IN DISTRICT COURT.

ELTON JENKINS , OKLA. INDIGENT DEFENSE, 115 SOUTH PETERS, STE. 6, NORMAN, OK 73069, COUNSEL FOR DEFENDANT.

NICOLLETTE BRANDT , ARIEL PARRY , OKLA. INDIGENT DEFENSE, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR DEFENDANT.

GREG MASHBURN , DISTRICT ATTORNEY, LESLEY MARCH , ASST. DISTRICT ATTORNEY, 121 N. 2ND, RM. 212, PURCELL, OK 73080, JOHN O'CONNER , ATTORNEY GENERAL OF OKLAHOMA, JULIE PITTMAN , ASST. ATTORNEY GENERAL, 313 N.E. 21ST ST. OKLAHOMA CITY, OK 73105, COUNSEL FOR THE STATE.

JACOB KEYES , COUNSEL FOR THE CHOCTAW NATION DURANT, OK.

APPEARANCES ON APPEAL.

NICOLLETTE BRANDT , ARIEL PARRY , OKLA. INDIGENT DEFENSE, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR APPELLANT.

JOHN M. O'CONNER , ATTORNEY GENERAL OF OKLAHOMA, JULIE PITTMAN , ASST. ATTORNEY GENERAL, 313 N.E. 21ST ST., OKLAHOMA CITY, OK 73105, COUNSEL FOR THE STATE.

OPINION

¶ 1 Appellant Jeffrey Don McClain was tried by jury and convicted of Rape by Instrumentation (21 O.S.Supp.2015, § 1111.1) (Count I); Lewd Acts with a Child Under 16 (21 O.S.Supp.2018, § 1123(A)(4)) (Counts...

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