Coulter v. State

BUSSEY, Judge,

concurring in part and dissenting in part:

While I agree that the judgments should be affirmed, I must dissent to the modification of the sentences. In Part I of the opinion, the alleged improper testimony was not objected to; consequently, it was waived. Tahdooahnippah v. State, 610 P.2d 808 (Okl.Cr.1980).

Part II of the opinion states that ... “the officer also came very close to implying prior criminality.” I agree that the officer came very close to implying prior criminality, but he in fact did not imply prior criminality. Hence, I find no error.

Part YII of the opinion cites numerous alleged improper remarks. However, none of the comments were met with a contemporaneous objection; thus, any error was waived. Moreover, many of the prosecutor’s comments were invited by argument of defense counsel.

For these reasons, I would affirm the judgments and sentences.