ACKLIN v. STATE

No. CR 80-171.

606 S.W.2d 594 (1980)

John W. ACKLIN a/k/a Yahya Zakariya, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

October 27, 1980.


Attorney(s) appearing for the Case

E. Alvin Schay, Deputy State Appellate Defender by Jackson Jones, Deputy State Appellate Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen., by C. R. McNair, III, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The only question here is whether the trial judge actually exercised his discretionary authority in directing that three three-year sentences imposed by the jury should run consecutively rather than concurrently. We are unable to say there was an exercise of discretion and therefore remand the case for resentencing.

Acklin pleaded not guilty to three charges of forgery, but on the witness stand he freely admitted his guilt and attributed...

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