Russell v. State

John F. Stroud, Jr.,

Chief Judge. This is a substituted opinion upon grant of appellant’s motion for rehearing. In an unpublished opinion, Russell v. State, CACR03-402 (January 28, 2004), this case was dismissed on appeal for failure to strictly adhere to Rule 24.3 of the Arkansas Rules of Criminal Procedure, which sets forth the requirements for filing a conditional plea of guilty. Specifically, this court held that there was no indication that the trial court had approved the conditional plea. Furthermore, we also held that the judgment and commitment order did not indicate that the plea was…