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495 P.3d 670
Okla. Crim. App.
2021

MILES STERLING BENCH, Petitioner v. THE STATE OF OKLAHOMA, Respondent

PCD-2015-698

Court of Criminal Appeals

Decided: 08/31/2021

2021 OK CR 24

SCOTT ROWLAND, Presiding Judge; ROBERT L. HUDSON, Vice Presiding Judge; GARY L. LUMPKIN, Judge; DAVID B. LEWIS, Judge

ORDER VACATING PREVIOUS ORDER AND JUDGMENT GRANTING POST-CONVICTION RELIEF AND WITHDRAWING OPINION FROM PUBLICATION

¶1 Based on the Court‘s decision in State ex rel. Matloff v. Wallace, 2021 OK CR 21, ___ P.3d ___, the previous order and judgment granting post-conviction relief in this case are hereby VACATED and SET ASIDE. The issuance of the mandate in this case was previously stayed by this Court on May 28, 2021, and no mandate has issued. The opinion in Bench v. State, 2021 OK CR 12 is WITHDRAWN. The Court will issue a separate order addressing Petitioner‘s claims for post-conviction relief at a later time.

¶2 IT IS SO ORDERED.

¶3 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 31st day of August, 2021.

/S/SCOTT ROWLAND, Presiding Judge

/S/ROBERT L. HUDSON, Vice Presiding Judge

/S/GARY L. LUMPKIN, Judge

/S/DAVID B. LEWIS, Judge

ATTEST: /s/John D. Hadden Clerk

Case Details

Case Name: BENCH v. STATE
Court Name: Court of Criminal Appeals of Oklahoma
Date Published: Aug 31, 2021
Citations: 495 P.3d 670; 2021 OK CR 24
Court Abbreviation: Okla. Crim. App.
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