Witherspoon v. State

David Newbern, Justice.

The appellant, Lamar Witherspoon, was convicted of attempted second degree murder and felony fleeing. He was sentenced to 35 years imprisonment. The sentence was enhanced due to his use of a firearm.

Mr. Witherspoon’s points of appeal have to do with the felony fleeing conviction. In the course of the trial, the prosecution discovered that the wording of the statute which makes fleeing from an officer a crime, Ark. Code Ann. § 5-54-125 (Supp. 1993), had been changed. Previously, the statute made the offense a misdemeanor unless “personal injury” occurred as a direct…