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JOHNSON v. STATE

No. F-2009-1140.

250 P.3d 901 (2010)

2010 OK CR 28

Brian K. JOHNSON v. The STATE of Oklahoma.

Court of Criminal Appeals of Oklahoma.

December 16, 2010.

Attorney(s) appearing for the Case

James Hughes , Craig Hoehns , Assistant Public Defenders, Oklahoma County Public Defender's Office, Oklahoma City, OK, attorneys for defendant at trial.

Pam Stillings , Jimmy Harmon , Assistant District Attorneys, Oklahoma County District Attorney's Office, Oklahoma City, OK, attorneys for State at trial.

Andrea Digilio Miller , Assistant Public Defender, Oklahoma County Public Defender's Office, Oklahoma City, OK, attorney for appellant on appeal.

W.A. Drew Edmondson , Attorney General of Oklahoma, Jennifer L. Strickland , Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

ORDER WITHDRAWING OPINION AND SUBSTITUTING ATTACHED OPINION

¶ 1 On November 30, 2010, Appellee, the State of Oklahoma, filed a "Motion To Publish Opinion" in the above-styled case. The State asserts that publication of this Court's Opinion herein, Johnson v. State, Case No. F-2009-1140 (Oct. 20, 2010) (not for publication), is warranted. The State argues there is currently no Uniform Jury Instruction— Criminal which addresses the change...

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