Graham v. State

LUMPKIN, Presiding Judge:

concurs in result.

1 This case presents an issue of instructional error only. Had the trial court issued OUJI-CR 2d 10-27, which is a clear and correct statement of the law, the problem would have been resolved.

12 Furthermore, this case does not present a question of first impression. See, e.g., Bland v. State, 2000 OK CR 11, 1 89, 4 P.3d 702, 726 (same argument raised, but rejected, based upon giving of OUJI-CR 2d 10-27); Washington v. State, 1999 OK CR 22, 139, 989 P.2d 960, 973 ('The jury was further instructed that it should consider first degree murder and if it…