concurring in part/dissenting in part.
I concur in the affirmance of the murder conviction but disagree with the decision to reverse and remand for resentencing. As stated in my separate opinions to Hain v. State, 852 P.2d 744, 753 (Okl.Cr.1993), and Salazar v. State, 852 P.2d 729, 741 (Okl.Cr.1993), the appropriate criminal penalty is the penalty in effect at the time the defendant commits the crime. Therefore, as the sentencing option of life without parole did not come into effect until after Appellant had committed the murder, he is not eligible in this case for the punishment of life without parole.