Gardner v. State

963 S.W.2d 590 (1998)

332 Ark. 33

Scotty Ray GARDNER, Appellant,

v.

STATE of Arkansas, Appellee.

No. CR 97-785.

Supreme Court of Arkansas.

February 26, 1998.

Alvin Schay, Little Rock, for Appellant.

Winston Bryant, Attorney General, Brad Newman, Assistant Attorney General, Little Rock, for Appellee.

IMBER, Justice.

This case presents a question concerning the law of prosecutorial vindictiveness. The appellant purported to enter a guilty plea which was subsequently vacated on federal habeas review. On retrial, the appellant was charged as a habitual offender based on prior felony convictions, most of…