Charm v. State

ORDER DENYING APPLICATION FOR POST-CONVICTION RELIEF, APPLICATION FOR EVIDENTIARY HEARING AND REQUEST FOR DISCOVERY

CHAPEL, Presiding Judge.

¶ 1 Kenneth Chad Charm was tried by a jury in Comanche County District Court, Case No. CRF-93-259, and convicted of First Degree Murder with Malice Aforethought,1 First Degree Rape,2 and Kidnap*48ping.3 During the capital sentencing phase of the trial, the jury found three aggravating circumstances: (1) the murder was committed to avoid lawful arrest or prosecution;4 (2) the murder was especially heinous, atrocious or cruel;5 and (3) Charm would constitute a…