Legal Opinion

Austin v. State

Court of Appeals of Arkansas

Decided April 25, 2007No. CA CR 06-896PublishedCited by 1 opinion

1Opinion of the Court

Wendell L. Griffen, Judge.

Mark Austin appeals from four criminal convictions, one of which is for being a violent felon in possession of a firearm. He does not challenge the sufficiency of the evidence supporting his convictions but argues that the trial court erred in rejecting his offer to stipulate that he had been convicted of a prior felony and in allowing the State to inform the jury that he had a prior conviction for second-degree battery. We agree and reverse and remand.

As part of its burden to prove that Austin was a violent felon in possession of a firearm under Ark. Code Ann. §…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Old Chief v. United StatesSupreme Court of the United States · 1997
  3. United States of America, Appellee/cross-Appellant v. Robert D. Strong, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2005
  4. Ferguson v. StateSupreme Court of Arkansas · 2005
  5. Roark v. StateCourt of Appeals of Arkansas · 1994

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3Cited by1 opinion

  1. Jermaine Lawson v. State of ArkansasSupreme Court of Arkansas · 2024

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