Battenfield v. State

ORDER DENYING PETITION FOR REHEARING AND DIRECTING ISSUANCE OF MANDATE

In our opinion in the above styled and numbered cause, this Court affirmed appel lant’s judgment and sentence of death for his conviction for First Degree Murder. Battenfield v. State, 816 P.2d 555 (Okl.Cr.1991). Therein, we agreed with appellant that the evidence was insufficient to support the jury’s finding that the murder was especially heinous, atrocious or cruel. Id., 816 P.2d at 564, 62 OBJ at 2449-50. However, after finding that the record supported the remaining aggravating circumstance — that appellant constituted…