Miller v. State

OPINION

LANE, Presiding Judge:

Appellant, Marcus Russell Miller, was convicted of Grand Larceny (21 O.S.Supp. 1982, § 1731) After Former Conviction of Two or More Felonies in the District Court of Tulsa County, Case No. CF-89-4303. Following a two stage trial, Appellant was sentenced to serve a term of fifty (50) years in the custody of the Oklahoma Department of Corrections.

Although Appellant has alleged a number of trial errors, we find that the case must be reversed and remanded for a new trial due to the improper conduct of the prosecution. Accordingly, we need only address the pivotal…