Davis v. State

A. JOHNSON,

Presiding Judge, Specially Concurring.

1 1 I agree with the decision to affirm the convictions and sentences in this case. I write separately, however, to clarify two points. First, I write to underscore and make clear that the opinion expressed in footnote 6 is solely that of the authoring judge and not the other judges of the court. Changing the test for instruction on lesser offenses is not necessary. Our existing case law on this issue is sound and proven.1 See *140Shrum v. State, 1999 OK CR 41, 110, 991 P.2d 1032, 1036 (under the evidence approach all lesser forms of homicide are…