Cooper v. State

LUMPKIN, Vice Presiding Judge,

concurring in part/dissenting in part:

I concur with the Court that an entrapment instruction was not warranted under the facts of this case and the judgment rendered should be affirmed. However, I must respectfully dissent to the Court’s determination that the sentence must be vacated and the case remanded for resen-tencing.

The Court seeks to overrule Henager v. State, 716 P.2d 669 (Okl.Cr.1986). However, Henager merely restates the rule in Williams v. State, 364 P.2d 702 (Okl.Cr.1961), upon which the Court relies for its ruling in this case. There was no…