Harris v. State

Supplemental Opinion on Denial of Rehearing July 5, 1984

James R. Cooper, Judge.

Although we today deny the appellant’s petition for rehearing, we are issuing this supplemental opinion because of the significant constitutional issue presented: when a reversal and remand based on trial error is required, must the appellate court also consider the sufficiency of the evidence to support the appellant’s conviction? Our original decision in this case, Harris v. State, 12 Ark. App. 181, 672 S.W.2d 905 (1984), did not reach the sufficiency of the evidence, and now, on rehearing, the appellant argues…