Jones v. State , 70 O.B.A.J. 659 ( 1999 )

JOHNSON, Judge:

specially concurs.

¶ 1 I specially concur in the opinion herein as it relates to the reversing and remanding this case for resentencing. I wish to make it clear that in Proposition II appellant objects to first the question asked potential jurors by the court and secondly complains that appellant was not allowed to ask the following question, “Do you think that the death penalty ought to be imposed for every particular class of crime, like a murder, for every murder?”

¶ 2 I do not believe the first question asked by the court was error but I agree with the opinion as it relates to the second. It clearly was error not to allow counsel to ask questions as to whether or not the jury believed by a finding of guilt that the jury would automatically impose the death penalty. Counsel should be allowed to ask questions concerning the automatic imposition of the death penalty. Therefore, I specially concur but wish to make my position clear as to the specific circumstance I find to be the reversible error herein.