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Bland v. State5/16/2000
e when Appellant's judgment was impaired because of drugs. This evidence was summarized into fifteen (15) factors and submitted to the jury for their consideration as mitigating evidence, as well as any other circumstances the jury might find existing or mitigating.
Upon our review of the record and careful weighing of the aggravating circumstances and the mitigating evidence, we find the sentence of death to be factually substantiated and appropriate. Under the record before this Court, we cannot say the jury was influenced by passion, prejudice, or any other arbitrary factor contrary to 21 O.S.1991, § 701.13(C), in finding that the aggravating circumstances outweighed the mitigating evidence. Accordingly, finding no error warranting reversal or modification, the JUDGMENT and SENTENCE for First Degree Murder is AFFIRMED and the APPLICATION FOR EVIDENTIARY HEARING ON SIXTH AMENDMENT CLAIMS IS DENIED.
AN APPEAL FROM THE DISTRICT COURT OF TILLMAN COUNTY
THE HONORABLE RICHARD B. DARBY, DISTRICT JUDGE
OPINION BY: LUMPKIN, V.P.J.
STRUBHAR, P.J.: CONCUR IN RESULT
JOHNSON, J.: CONCUR IN RESULT
CHAPEL, J.: CONCUR IN RESULT
LILE, J.: CONCUR
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