Whatley v. State

I concur in the majority’s treatment of the first ground for review. Ante, at 74-76.1 However, for the following reasons, I dissent to the majority’s treatment of appellant’s second ground for review. Ante, at 76-77.2

*78I.

The majority holds the mere exhibition of a deadly weapon to an accomplice during a solicitation transaction may be sufficient to support a deadly weapon finding for the offense of solicitation. Ante, at 77. However, the majority does not apply that holding to the facts of the instant case. Instead the majority uses a footnote to hold the issue is not before us because it was…