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CHENEY v. STATE

No. F-94-220.

909 P.2d 74 (1995)

Garry Michael CHENEY, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

December 8, 1995.

Attorney(s) appearing for the Case

Mark Lyons, Kevin Danielson, Lyons & Clark, Tulsa, for defendant at trial.

A.J. Schultz, Sarah Day Smith, Assistant District Attorneys, Tulsa County District Attorney's Office, Tulsa, for state at trial.

Jamie D. Pybas, Assistant Appellate Defender, Capital Direct Appeals Division Oklahoma Indigent Defense System, Norman, for appellant on appeal.

Susan B. Loving, Attorney General of Oklahoma, A. Diane Blalock, Assistant Attorney General, Oklahoma City, for appellee on appeal.

OPINION

CHAPEL, Vice Presiding Judge.

Garry Michael Cheney was tried by a jury in Tulsa County District Court, Case No. CF-93-2001, and convicted of First Degree Malice Aforethought Murder, in violation of 21 O.S. 1991, § 701.7.1 After the jury found Cheney guilty of murder, his case proceeded to the capital sentencing phase of trial to determine whether Cheney should be sentenced...

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