# Ashe v. State

> Court of Appeals of Arkansas · May 21, 1997 · 57 Ark. App. 99

URL: https://www.frixlaw.com/law-library/cases/9660132

## Case

- **Full name:** Leamon L. ASHE v. STATE of Arkansas
- **Court:** Court of Appeals of Arkansas
- **Decided:** May 21, 1997
- **Citations:** 57 Ark. App. 99; 942 S.W.2d 267; 1997 Ark. App. LEXIS 365
- **Precedential status:** Published
- **Opinion:** On rehearing by Bird
- **Judges:** Bird, Stroud, Jennings, Cooper, Neal, Crabtree
- **Cited by:** 14 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/9660132

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9660132. Public record. Not legal advice.