Kelly v. State

OPINION

BUSSEY, Presiding Judge:

Ronald Daniel Kelly was charged, tried and convicted of Murder in the First Degree and Conspiracy to Commit Murder, in Oklahoma County District Court, Case No. CRF-82-269. The jury assessed ten (10) years in prison and a five thousand dollar ($5,000) fine on the conspiracy charge, and the death penalty for the actual murder. He was sentenced accordingly. We are compelled to reverse and remand the cause for a new trial.

The evidence reflects that appellant sold cocaine for the victim, Bobby Lykins, through a middleman, Richard McQuigg, and that appellant owed the…