Whitney v. State

DAVID Newbern, Justice.

Donnie Whitney, the appellant, was charged by information in Lafayette Circuit Court as an habitual offender with three counts of Delivery of a Controlled Substance (i.e., cocaine). Ark. Code Ann. § 5-64-401(a) (Supp. 1995). He was tried, and convicted, on Count I of the information and sentenced to a prison term of eighty years and a fine of $50,000. Ark. Code Ann. §§ 5-64-401 (a)(1)® (Supp. 1995) and 5-64-408(a)(Repl. 1993).

Mr. Whitney maintains his conviction should be reversed because (i) the prosecutor, during the closing argument at the penalty phase of trial,…