# Harjo v. State

> Court of Criminal Appeals of Oklahoma · December 9, 1994 · 882 P.2d 1067

URL: https://www.frixlaw.com/law-library/cases/9855135

## Case

- **Full name:** Jerald Wayne HARJO, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** December 9, 1994
- **Citations:** 882 P.2d 1067; 1994 WL 376120
- **Precedential status:** Published
- **Opinion:** On rehearing by Lumpkin
- **Judges:** Lumpkin, Johnson, Strubhar, Lane, Chapel
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9855135

## Opinion text

ORDER DENYING REHEARING
Jerald Wayne Harjo, Petitioner, was tried by jury and convicted of Murder in the First Degree, First Degree Burglary, Burglary of an Automobile and Larceny of an Automobile, in Seminole County District Court, Case No. CRF-88-7 and CRF-88-8. This Court affirmed judgment and sentence for each count. See Harjo v. State, 882 P.2d 1067 (Okl.Cr.1994). Appellant was sentenced to death for the murder, and it is this conviction and sentence which he challenges on rehearing. Specifically the petitioner argues (1) the finding of exigent circumstances sufficient to justify warrantless seizure of his gym shoe is in conflict with controlling authority, and (2) the holding of the Court that the evidence was sufficient to support the jury’s finding is in conflict with this Court’s prior interpretation of this aggravating circumstance.
We have examined counsel’s argument and the authorities cited, and find the opinion handed down in this case is not in error.
IT IS THEREFORE THE ORDER OF THE COURT that the Petition for Rehearing be denied, and the Clerk of the Court shall issue mandate forthwith.
IT IS SO ORDERED.
/s/ Gary L. Lumpkin
GARY L. LUMPKIN, Presiding Judge
/s/ Charles Johnson
CHARLES JOHNSON, Vice Presiding Judge
/s/ James F. Lane
JAMES F. LANE, Judge
/s/ Charles S. Chapel
CHARLES S. CHAPEL, Judge
/s/ Reta M. Strubhar
RETA M. STRUBHAR, Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9855135. Public record. Not legal advice.