Robertson v. State

OPINION

CHAPEL, Vice Presiding Justice.

Donald Lee Robertson was tried by a jury and convicted of Rape in the First Degree in violation of 21 O.S.Supp.1990, § 1114, in the District Court of Muskogee County, Case No. CRF-91-356. In accordance with the jury’s recommendation, the Honorable Thomas Alford sentenced Robertson to seventy years imprisonment. Robertson has perfected his appeal of this conviction.

FACTS

Robertson and K.B., the eight year old victim in this case, are cousins. Robertson lived with K.B.’s family intermittently. In the early morning hours of July 1, 1991, K.B.’s entire family,…