Lambert v. State

*351GIVAN, Justice.

Upon conviction of the murder of a police officer, appellant received the death penalty. Oral argument was held in this cause on June 3, 1998. The State conceded the trial court applied the wrong standard in determining intoxication is not a mitigator; therefore, this Court ordered the case remanded to the trial court to reconsider evidence of intoxication and its effect on the penalty in view of Ind.Code § 85-50-2-9(c)(6). The trial court has returned its findings and judgment as per our Order and the parties have filed their respective briefs pertaining thereto.

The facts are:…