Opinion

Ashe v. State

  • 57 Ark. App. 99
  • 942 S.W.2d 267
  • 1997 Ark. App. LEXIS 365
Court
Court of Appeals of Arkansas
Filed
May 21, 1997
Status
Published
Author
Bird
On the bench
Bird, Stroud, Jennings, Cooper, Neal, Crabtree
Cited by
14 cases

affirmed on tie vote

How later courts described this case

  • affirmed on tie vote

Written by the judges who cited it.

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

May 21, 1997

Donald A. Forrest, for appellant.

Winston Bryant, Att’y Gen., by: Clint Miller, Deputy Att’y Gen. and Senior App. Advocate, for appellee.

Sam Bird, Judge. Appellant petitions for rehearing and points out that in our opinion dated April 16, 1997, we appear to have affirmed appellant’s conviction on direct appeal and reversed the trial court’s reduction of appellant’s sentence on cross-appeal by a vote of three to three. As appellant correctly notes, under our rules, a tie vote would affirm the lower court on direct appeal but would not have the effect of reversing the lower court on cross-appeal. Although this is the apparent effect of our April 16, 1997, opinion, it is the result of an unfortunate mistake that we now correct in this supplemental opinion. Our original opinion of April 16, 1997, should have reflected that this court’s votes on the direct appeal and on the cross-appeal were as follows:

Affirmed on direct appeal.

Stroud and Jennings, JJ., agree.

Cooper, Neal, and Crabtree, JJ., dissent.

Reversed on Cross-Appeal and modified.

Cooper, Stroud, Jennings, Neal, and Crabtree, JJ., agree.

This supplemental opinion is being delivered for the sole purpose of setting forth the correct votes of the court on appellant’s direct appeal and the State’s cross-appeal, and it is not intended to change the result of either as announced in our original opinion of April 16, 1997.

Jennings, Stroud, Neal, and Crabtree, JJ., agree.

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.