Opinion

Atchison v. State

  • 68 Ark. App. 231
  • 5 S.W.3d 491
  • 1999 Ark. App. LEXIS 812
Court
Court of Appeals of Arkansas
Filed
Dec 8, 1999
Status
Published
Author
Jennings
On the bench
Agree, Bird, Crabtree, Griffen, Jennings, Neal, Robbins
Cited by
1 cases

The opinion

John E. Jennings, Judge, concurring. While I agree with the majority opinion, there is another reason why this case must be affirmed: the evidence in question is specifically permitted by statute. Arkansas Code Annotated section 16-97-103(6) provides that at a sentencing hearing the court may consider evidence of aggravating circumstances. Arkansas Code Annotated section 16-90-804(d)(2)(F) includes as an aggravating factor that “the offense was a sexual offense and was part of a pattern of criminal behavior with the same or different victims under the age of eighteen years manifested by multiple incidents over a prolonged period of time.” Therefore, the evidence in issue was relevant to sentencing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.