Philyaw v. State

Jack Holt, Jr., Chief Justice.

The appellant, Charles W. Philyaw, was convicted of attempted capital murder and sentenced to a term of 20 years imprisonment, to run consecutively with a prior life sentence. He sought postconviction relief pursuant to Ark. R. Crim. P. 37, which was denied by the trial court after a hearing. It is from that denial that this appeal is brought. Our jurisdiction is based on Sup. Ct. R. 29(1 )(e).

Although the appellant raised numerous issues in his Rule 37 petition and in this appeal, we need only discuss the first point he raises, since we find it has merit. The…