Harris v. State

BRETT, Judge,

specially concurring.

While I concur in this decision, I believe some distinction must be made between the decisions cited of Highsaw v. State, 758 P.2d 336 (Okl.Cr.1988) and A.M.H. v. State, 766 P.2d 351 (OM.Cr.1988). At the outset, 10 O.S.1981, § 1104.2 provides, in part, “Any person sixteen (16) or seventeen years of age who is charged with ... [the crimes enumerated] shall be considered as an adult. Upon the arrest and detention shall be considered as an adult.” (emphasis added) In Highsaw, the appellant had been charged with Rape in the First Degree. However, in A.M.H.…