Gilson v. State

1 Appellant Donald Lee Gilson was tried by jury for First Degree Murder (21 O.S.1991, 701.7(C)), Case No. CF-96-245; five counts of Injury to a Minor Child (10 O.S.Supp.1995, 7115), Case No. CF-96-256; Conspiracy to Unlawfully Remove a Dead Body (21 O.S.1991, 421(A)(5)), (Count I) and Unlawful Removal of a Dead Body (21 O.S.1991, 1161), (Count II), Case No. CF-96-247; in the District Court of Cleveland County. The jury returned guilty verdicts in all counts except for three counts of Injury to a Minor Child (Counts III, IV and V in Case No. CF-96-256). As punishment for the non-capital offenses, the jury recommended life imprisonment and a fine of five thousand dollars ($5,000.00) for two counts of Injury to a Minor Child; ten (10) years imprisonment and a fine of five thousand dollars ($5,000.00) for Conspiracy to Remove a Dead Body; and five (5) years imprisonment and a fine of five thousand dollars ($5,000.00) for Unlawful Removal of a Dead Body. The trial court sentenced accordingly. During the second stage of trial, the jury found the existence of two (2) aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From these judgment and sentences Appellant has perfected this appeal.