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SWAGER v. STATE

Case No. F-2022-620.

2024 OK CR 12

KEVIN SWAGER, Appellant v. STATE OF OKLAHOMA, Appellee.

Court of Criminal Appeals of Oklahoma.

Decided: May 2, 2024.

Attorney(s) appearing for the Case

APPEARANCES AT TRIAL

TERRY ALLEN, JR. , ATTORNEY AT LAW, 112-B NORTH VANN, PRYOR, OK 74361, COUNSEL FOR DEFENDANT.

GEORGIA DUFFIELD , ATTORNEY AT LAW, P.O. BOX 450398, GROVE, OK 74345, COUNSEL FOR DEFENDANT.

APPEARANCES ON APPEAL

SIMON CASSEL , OKLA. INDIGENT DEFENSE SYSTEM, 111 N. PETERS AVE., SUITE 100, NORMAN, OK 73069, COUNSEL FOR APPELLANT.

BRYCE LAIR , LAURA DEYOUNG , ASST. DISTRICT ATTORNEYS, DELAWARE COUNTY, 327 S. 5TH STREET, JAY, OK 74346, COUNSEL FOR THE STATE.

GENTNER F. DRUMMOND , OKLA. ATTORNEY GENERAL, KEELEY L. MILLER , ASST. ATTORNEY GENERAL, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR APPELLEE.

SUMMARY OPINION

¶ 1 Appellant, Kevin Swager, was tried and convicted by a jury in the District Court of Delaware County, Case No. CF-2021-92, of Count 1: Child Sexual Abuse — Victim Under Twelve (Rape in the First Degree by Instrumentation), in violation of 21 O.S.Supp.2019, § 843...

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