Fontenot v. State

LUMPKIN,

Presiding Judge, concurring in part/dissenting in part:

I concur with the Court’s affirming Appellant’s conviction. The Court’s excellent analysis in determining the standard discussed in Opper v. United States, 348 U.S. 84, 75 S.Ct. 158, 99 L.Ed. 101 (1954) is well taken. The adoption of this more practical approach standard should eliminate the aberrations found in cases such as Thornburg v. State, 815 P.2d 186 (Okl.Cr.1991), which I believe to be overruled by this decision.

However, I cannot agree with the result reached in remanding for resentencing based *87on Hain v. State, 852 P.2d…