Lytle v. State

I agree that sufficient evidence supports Mr. Lytle’s conviction. I respectfully dissent, however, because the trial court erred by failing to comply with Ark. Code Ann. § 16-89-115 (Supp. 2003).

The majority affirms for two reasons. The majority cites Gruzen v. State, 276 Ark. 149, 634 S.W.2d 92 (1982), for the general proposition that an issue must be presented in a “timely and appropriate manner” and holds that Mr. Lytle “failed to make the timely and appropriate objections necessary to preserve this issue for review.” I disagree. Immediately after Ms. Church testified on cross-examination…