State of Oklahoma v. Kenneth Ray Kinchion

Oklahoma City, Oklahoma criminal defense lawyer represented the Defendant charged with Conspiracy to Commit a Felony, Robbery with a Dangerous Weapon (Counts 1 and 3) (21 O.S. 1991, §§ 421 & 801); First Degree Murder (Count 2) (21 O.S. 1991, § 701.7); Robbery with a Dangerous Weapon (Count 4) (21 O.S.Supp.1997, § 801); and Felonious Possession of a Firearm (Counts 5 and 7), Case No. CF-2000-6468, in the District Court of Oklahoma County .



The amended language is consistent with our long-standing interpretation of the felony-murder doctrine. In Hatch v. State, 662 P.2d 1377 (Okl.Cr.1983), cert. denied, 474 U.S. 1073, 106 S.Ct. 834, 88 L.Ed.2d 805 (1986) this Court stated:



The legislature's definition of murder in 701.7(B) is a reflection of the policy that one who, by his willful criminal conduct, sets in motion a chain of events so perilous to the sanctity of human life that death results therefrom; must bear the ultimate responsibility for his actions. We agree with the legislature that murders effected in such a manner are as abhorrent as those, which are premeditated. Proscribing such actions under our first-degree murder statutes performs the rational function of deterring the commission of felonies so inherently dangerous as to create foreseeable risks of death.



662 P.2d at 1384.

Defendant was found guilty with a recommendation that he be sentenced to t twenty five (25) years imprisonment in each of Counts 1 and 3, life imprisonment in Count 2, fifty (50) years imprisonment in Count 4, and ten (10) years imprisonment in each of Counts 5 and 7.



See: 2003 OK CR 28