Davis v. State

LUMPKIN, Vice-Presiding Judge:

Specially Concurs.

¶ 1 I complement my colleague for taking the time to enunciate what I perceived the original holding of this Court’s decision in Hale v. State, 888 P.2d 1027 (Okl.Cr.1995), to be. While I sought to apply Hale in accordance with what I understood was the original intent, Carter v. State, 922 P.2d 634 (Okl.Cr.1996), I have at the same time been concerned with what appears to be an unsupported expansion beyond that original intent. See Hammon v. State, 898 P.2d 1287 (Okl.Cr.1995) (Lumpkin, J., Concur in Part/Dissent in Part); Le v. State, 947 P.2d 535 (Okl.Cr.1997) (Lumpkin, J., Concur in Part/Dissent in Part); Jones v. State, 899 P.2d 635 (Okl.Cr.1995) (Lumpkin, J., Concur in Part/Dissent in Part). Judge Lile has succeeded in providing a more objective criteria for analyzing the double punishment prohibition set forth in 21 O.S.1991, § 11. Hopefully, this objective criteria will bring about more reasoned and consistent applications of the provisions of Section 11.