Anderson v. State

LUMPKIN, Vice-Presiding Judge:

concurs in results.

¶ 1 I concur in the Court’s decision to affirm the judgment and sentence in this case. However, because I disagree with part *426of the analysis, I can concur, only in the results reached.

¶ 2 In its discussion concerning whether Appellant’s letters containing a reference to his desire to obtain drugs while in jail were evidence of other crimes, the Court disregards our rules when it states that Appellant attempted to raise a new proposition of error in his reply brief and the Court addresses the issue on its merits. Our rules provide “[a]ny propositions of error advanced for the first time in any reply brief shall be deemed waived and forfeited for consideration.” Rule 3.4(F)(1), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (1998). Therefore, I find the issue of denial of notice under Burks1 has been waived.

¶ 3 Based on my analysis of the duress defense in Spunaugle v. State, 946 P.2d 246, 253-55 (Okl.Cr.1997) (Lumpkin, J., dissenting) I find Marvin Matheson could have been indicted for the crimes committed and therefore was an accomplice. However, sufficient evidence was presented to corroborate his testimony and there is no plain error.

¶ 4 Further, it should be noted the criteria set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for evaluating effectiveness of counsel has been further explained in Lockhart v. Fretwell, 506 U.S. 364, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993). Applying the Lockhart standard, the record is void of any evidence the trial was rendered unfair and the verdict rendered suspect or unreliable.

. Burks v. State, 594 P.2d 771.