Fite v. State

LUMPKIN, PRESIDING JUDGE,

specially concurring.

I concur in the opinion of the Court. I write separately to explain what I perceive to be the rationale behind overruling Brown v. State, 314 P.2d 362, 366 (Okl.Cr.1957).

The Court is correct when it observes the right to have a jury help determine sentence *298is guaranteed by statute. The pertinent section reads:

In all cases of a verdict of conviction for any offense against any of the laws of the State of Oklahoma, the jury may, and shall upon the request of the defendant assess and declare the punishment in their verdict within the limitations…