Legal Opinion
State v. Brooks
Supreme Court of Arkansas
Decided February 5, 1990No. CR 89-189PublishedCited by 10 opinions
1Opinion of the Court
Darrell Hickman, Justice.
The trial judge, upon learning the circumstances of the forgery charge levied against Marvin Eugene Brooks, decided Brooks should not be convicted of a felony and entered the following order: “Whereupon, the Court over the objection of the State amends the charge to THEFT OF PROPERTY, a misdemeanor....” The state appeals seeking a declaration of error under a statute and rule that permit that procedure. Ark. Code Ann. § 16-91-112(b) (1987); A.R.Cr.P. Rule 36.10(c); Boone v. State, 282 Ark. 274, 668 S.W.2d 17 (1984).
We deem the question sufficiently important to the…
2Cases cited4 opinions
- United States v. EdmonsonCourt of Appeals for the Ninth Circuit · 1986
- Boone v. StateSupreme Court of Arkansas · 1984
- Petition of United States of America for a Writ of MandamusCourt of Appeals for the Ninth Circuit · 1962
- State v. LauryDistrict Court of Appeal of Florida · 1981
3Cited by10 opinions
- Hall v. StateSupreme Court of Arkansas · 1993
- State v. MurphySupreme Court of Arkansas · 1993
- Cantrell v. StateSupreme Court of Arkansas · 2009
- State v. KnightSupreme Court of Arkansas · 1994
- State v. BrooksSupreme Court of Arkansas · 2005
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