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ALLEN v. STATE

No. C-93-1121.

923 P.2d 613 (1996)

Garry T. ALLEN, Petitioner, v. STATE of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied October 1, 1996.

Attorney(s) appearing for the Case

Bob Mildfelt, Catherine Hammarsten, Assistant Public Defenders, Oklahoma City, Defense Counsel at trial.

Carolyn Merritt, Assistant Public Defender, Oklahoma City, for Appellant on appeal.

Lori Nettleton, Fern Smith, Assistant District Attorneys, Oklahoma City, Prosecutor at trial.

W.A. Drew Edmondson, Attorney General, William L. Humes, Assistant Attorney General, Oklahoma City, for State on appeal.

OPINION DENYING WRIT OF CERTIORARI

LANE, Judge:

Garry T. Allen pled guilty to First Degree Murder and was sentenced to death in Oklahoma County District Court Case CRF-86-6295. On original appeal judgment was affirmed and the sentence vacated on the grounds the trial court did not consider the sentencing option of life without parole which had gone into effect ten days prior to sentencing. Allen...

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