Giacona v. State

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING DECEMBER 23, 1992

Petition for rehearing is denied.

Melvin Mayfield, Judge.

This court has today denied appellant’s petition for rehearing in the above case. I do not agree. I think the petition for rehearing should be granted, and we should certify the case to the Arkansas Supreme Court based upon the following considerations:

First: On September 28, 1989, after petitioner was given leave by our supreme court to petition the trial court to reconsider his motion for new trial, the trial court entered an order reinstating petitioner’s motion. The trial…