Childress v. State

LUMPKIN, Vice-Presiding Judge:

concurs in results.

T1 I continue to view the issue of instructions on lesser included offenses as set out in my separate writing in Shrum v. State, 1999 OK CR 41, 991 P.2d 1082 (Lumpkin, J.: Concur in Results). However, based on stare decisis, I concur in the results reached by the Court in this case. The State concedes that sufficient evidence was presented to support an instruction on second degree felony murder under Skrum. But, it must be noted the opinion misstates the criteria for the lesser included offense instruction as "some evidence" at page 11, rather…