¶1concurring. We can do nothing but deny this petition. This is the companion case to Trotter v. State, 290 Ark. 269, 719 S.W.2d 268 (1986). In Trotter a majority reduced the charge on a basis not even argued by the appellant. The court of appeals had no choice except to follow suit.
291 Ark. 197
Benson v. State
Decided February 9, 1987
Supreme Court of Arkansas · decided 1987-02-09
Relies on Trotter v. State
Decided 1987-02-09