# Williams v. State

> Court of Criminal Appeals of Oklahoma · March 1, 1991 · 62 O.B.A.J. 814

URL: https://www.frixlaw.com/law-library/cases/9633704

## Case

- **Full name:** Kimberly Colette WILLIAMS, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** March 1, 1991
- **Citations:** 62 O.B.A.J. 814; 807 P.2d 271; 1991 OK CR 28; 1991 Okla. Crim. App. LEXIS 29; 1991 WL 26805
- **Precedential status:** Published
- **Opinion:** Concurrence by Lane
- **Judges:** Parks, Lumpkin, Brett, Johnson, Lane
- **Cited by:** 21 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/9633704

## Opinion text

LANE, Vice Presiding Judge,
specially concurring:
I agree with the majority on the theory and application in this matter. I write only to further explain why only one of the two additional charges was merged with the murder charge. As stated by the majority, Munson v. State, 758 P.2d 324 (Okl.Cr. 1988), cert. denied 488 U.S. 1019 , 109 S.Ct. 820 , 102 L.Ed.2d 809 (1989) is very much similar to the instant case in that the defendant was charged with armed robbery, kidnapping and murder. We held that the robbery charge was the underlying felony charge for the murder conviction and therefore merged with the murder charge. In so doing, we said:
Because the armed robbery was the initial felony which began the chain of events ultimately leading to the victim’s death, this offense merged with the felony-murder conviction. Id. p. 333.
We then found that the kidnapping was also an extension of the robbery and therefore did not form an underlying basis for the murder charge.
In the instant case, the burglary charge formed the underlying basis for the murder charge and like the robbery in Munson could not sustain an independent conviction. Like the kidnapping charge in Mun-son, the robbery charge was an extension of the burglary and did not form the underlying basis for the murder conviction. It could sustain an independent conviction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9633704. Public record. Not legal advice.