# Berget v. State

> Court of Criminal Appeals of Oklahoma · November 13, 1991 · 62 O.B.A.J. 3546

URL: https://www.frixlaw.com/law-library/cases/9560945

## Case

- **Full name:** Roger James BERGET, Petitioner, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** November 13, 1991
- **Citations:** 62 O.B.A.J. 3546; 824 P.2d 364; 1991 OK CR 121; 1991 Okla. Crim. App. LEXIS 129; 1991 WL 239673
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumpkin
- **Judges:** Lane, Brett, Johnson, Parks, Lumpkin
- **Cited by:** 72 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/9560945

## How later opinions describe it (automated extraction)

- recognizing trial court's ability to look at entire record when sentencing on a plea

## Opinion text

LUMPKIN, Vice Presiding Judge,
concurring in results.
I concur in the results reached by the Court in this case, however, I continue to disagree with the Court’s analysis of OUJI-CR436. See Nuckols v. State, 805 P.2d 672 (Okl.Cr.1991) (Lumpkin, J., Concur in Results). In addition, I continue in the belief that it is inappropriate to utilize an acronym to deal with the serious nature of an aggravating circumstance.
Upon an independent review of the record, I also find that, even if the aggravating circumstance of heinous, atrocious or cruel was not supported by the evidence, a reweighing of the remaining aggravating circumstances would affirm the death penalty in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560945. Public record. Not legal advice.