Hammons v. State

BRETT, Judge,

specially concurring:

I am concurring in this decision because the evidence against the defendant is strong and convincing, but notwithstanding I find no authority in the present statutes that authorizes a special prosecutor. Likewise, Born v. State, having been decided long before the present District Attorney Act was passed, has little application to the instant case. It is no longer a question of whether or not the special prosecutor has a pecuniary interest in the outcome of the prosecution because there is no authority for the participation of a special prosecutor. In my special concurrence to Wade v. State, Okl.Cr., 556 P.2d 275 (1976), I gave some resume of the special prosecutor lack of authority. In that case I concurred but recommended a reduction of the sentence. In the instant case the sentence has been modified to life imprisonment, so I therefore concur in this modification.