Birdine v. State

LUMPKIN, Judge:

concur in part/dissent in part.

¶ 1 I concur in the Court’s decision to affirm the judgment and sentence in Count I. I also concur in the Court’s decision to modify the conviction in Count II to Manslaughter in the First Degree, with the sentence of life imprisonment. However, I would not modify the sentences to run concurrently.

¶2 In addition, I appreciate the Court’s recognition the infant victim is a child. As I stated in McCarty v. State, 2002 OK CR 4, 41 P.3d 981, the correct terminology should be either “unborn viable child” or “unborn quick child”. Absent acknowledgment…