MITCHELL v. STATE

MITCHELL v. STATE
1994 OK CR 78
887 P.2d 335
Case Number: F-90-860
Decided: 12/06/1994
GREGORY MITCHELL, APPELLANT, v. STATE OF OKLAHOMA, APPELLEE
Oklahoma Court of Criminal Appeals

CORRECTION ORDER

¶1 In the above-styled and numbered appeal, the Opinion dated December 15, 1993, 876 P.2d 682, for publication, the last paragraph of the OUJI-CR 806 on page 684 was cited incorrectly. The paragraph should be corrected to read as follows:

IF, AFTER A CONSIDERATION OF ALL THE EVIDENCE ON THIS ISSUE, YOU FIND BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS IN FLIGHT, THEN THIS FLIGHT IS A CIRCUMSTANCE WHICH YOU MAY CONSIDER WITH ALL THE OTHER EVIDENCE IN THE CASE IN DETERMINING THE QUESTION OF THE DEFENDANT'S GUILT OR INNOCENCE. HOWEVER, IF YOU HAVE A REASONABLE DOUBT THAT DEFENDANT WAS IN FLIGHT, THEN THE FACT OF ANY DEPARTURE IS NOT A CIRCUMSTANCE FOR YOU TO CONSIDER.

¶2 IT IS SO ORDERED.

/s/ Gary L. Lumpkin

Gary L. Lumpkin, Presiding

Judge

/s/ Charles A. Johnson

Charles A. 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