Whitlow v. State

¶1concurmg. I concur in the judgement because I agree with the determination that the issue whether a defendant should have the right to plead guilty in the guilt phase and to be sentenced by a jury in the sentencing phase was not addressed by either party. Therefore, this issue was not considered in the present case. My views on this issue are addressed in my concurrence in State v. Smittie, 341 Ark. 909, 20 S.W.3d 352 (2000).