# Shultz v. State

> Court of Criminal Appeals of Oklahoma · May 8, 1991 · 62 O.B.A.J. 1511

URL: https://www.frixlaw.com/law-library/cases/9530788

## Case

- **Full name:** Vestor SHULTZ, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** May 8, 1991
- **Citations:** 62 O.B.A.J. 1511; 811 P.2d 1322; 1991 OK CR 57; 1991 Okla. Crim. App. LEXIS 57; 1991 WL 78887
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Lumpkin, Vice-Presiding, Johnson, Lane, Parks, Brett
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9530788

## Opinion text

BRETT, Judge,
specially concurring:
I agree that appellant’s conviction and sentence should be affirmed, however, I would add that as to appellant’s fifth assignment of error, where he contends that the trial court should have given instructions on a lesser included offense, that this error is not waived. If a lesser included offense is supported by the evidence, then the trial court must give the instructions on that offense whether the defendant requests them or not. Penny v. State, 765 P.2d 797 (Okl.Cr.1988). Nevertheless, I agree with the majority that the evidence in this case did not support a lesser included offense.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9530788. Public record. Not legal advice.