# Atchison v. State

> Court of Appeals of Arkansas · December 8, 1999 · 68 Ark. App. 231

URL: https://www.frixlaw.com/law-library/cases/6553044

## Case

- **Full name:** Donald O. ATCHISON, Jr. v. STATE of Arkansas
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 8, 1999
- **Citations:** 68 Ark. App. 231; 5 S.W.3d 491; 1999 Ark. App. LEXIS 812
- **Precedential status:** Published
- **Opinion:** Concurrence by Jennings
- **Judges:** Agree, Bird, Crabtree, Griffen, Jennings, Neal, Robbins
- **Cited by:** 1 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/6553044

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6553044. Public record. Not legal advice.