OKLAHOMA CITY (AP) - A man convicted of first-degree murder in the 1993 shooting deaths of a father and his teenage son has won his appeal for DNA testing in his case.
A divided Oklahoma Court of Criminal Appeals voted 3-2 Thursday to overturn a lower court ruling to deny testing for 38-year-old David Flowers.
The majority said it was wrong to reject Flowers’ request because he didn’t raise the issue in his first appeal after the Post-conviction DNA Act was passed by the Legislature in 2013.
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Flowers was convicted as an accomplice in the shooting deaths of 39-year-old Juan Franceschi and his son, 15-year-old Lonnie Franceschi during an attempted robbery of a car at the family’s home in Lawton.
Co-defendant Bryan Toles was convicted of being the gunman and was executed in 2003.
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