Harris v. State

Appellant argues for the first time on appeal that the trial court should have considered alternative sentencing under § 41-1201 (Repl. 1977), even though “first degree” rape which is mentioned in § 41-1201 is an offense precluded from such sentencing considerations. He reasons that “first degree” rape is different from the crime of rape with which he was charged and convicted under Ark. Stat. Ann. § 41-1803 (Supp. 1983). By way of explanation, first-degree rape was previously defined under Ark. Stat. Ann. § 41-3401 (Supp. 1973), which limited the offense to be by a male against a female. The…