Berget v. State

LUMPKIN, Vice Presiding Judge,

concurring in results.

I concur in the results reached by the Court in this case, however, I continue to disagree with the Court’s analysis of OUJI-CR436. See Nuckols v. State, 805 P.2d 672 (Okl.Cr.1991) (Lumpkin, J., Concur in Results). In addition, I continue in the belief that it is inappropriate to utilize an acronym to deal with the serious nature of an aggravating circumstance.

Upon an independent review of the record, I also find that, even if the aggravating circumstance of heinous, atrocious or cruel was not supported by the evidence, a reweighing of the remaining aggravating circumstances would affirm the death penalty in this case.