State v. Walker

I concur in the majority’s decision that the conviction in this case should be affirmed. I also agree with both the majority and the dissent that the Middlebrooks error in this case requires a remand for re-sentencing. I write separately because I disagree with the *399majority’s rationale for affirming the conviction.

At trial, four out-of-court statements made by co-defendants Danny Branam and Ernest Walker were admitted without objection by the defendant under the co-conspirator exception to the hearsay rule. The majority concludes that admission of the statements was error, but that the error…