# Salazar v. State

> Court of Criminal Appeals of Oklahoma · June 5, 1996 · 67 O.B.A.J. 1989

URL: https://www.frixlaw.com/law-library/cases/9848972

## Case

- **Full name:** Maximo Lee SALAZAR, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** June 5, 1996
- **Citations:** 67 O.B.A.J. 1989; 919 P.2d 1120; 1996 OK CR 25; 1996 Okla. Crim. App. LEXIS 27; 1996 WL 293678
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Strubhar, Chapel, Lane, Johnson, Lumpkin
- **Cited by:** 32 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/9848972

## How later opinions describe it (automated extraction)

- holding that the trial court erred in denying defendant challenges for cause when three jurors indicated they would impose the death penalty for premeditated or intentional murder
- reversing "great risk of death to more than one person" aggravator

## Opinion text

JOHNSON, P.J.,
concurring specially.
I truly believe in the jury system. There is not a better justice system anywhere in the world than when twelve of your peers make a decision as to a person’s fate. Tmce *1130 a jury of twelve have found Appellant should face the death penalty. I agree with the jury verdict as to death in both cases.
An appellate judge is sworn to uphold the law. Therefore, I must, under the law, concur in the finely written opinion of Judge Strubhar. I do so with great reluctance. The law gives no choice to this Court except to do what we have done and for me to specially concur herein.
Had this jury found that the murder was committed for the purpose of avoiding a lawful arrest or that the defendant would be a continuing threat to society, I would certainly affirm Appellant’s death sentence. However, the jury’s decision as to creating a great risk of death to more than one person just cannot be upheld legally.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9848972. Public record. Not legal advice.