McCoy v. State

Donald L. Corbin, Justice.

Our decision reversing the judgment of conviction was delivered on March 14, 2002. McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002). The State filed a petition for rehearing on April 1, 2002. In the petition, the State asserts that we erred as a matter of law by refusing to reach the merits of its alternative argument for affirmance. Particularly, the State argued that this court could have affirmed Appellant’s conviction, even though he was wrongly denied the right to have the jury consider his guilt on a lesser-included offense, on the ground that the instruction…