BIVINS v. STATE

No. CR 85-30.

691 S.W.2d 847 (1985)

286 Ark. 314

Robert Henry BIVINS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

June 24, 1985.


Attorney(s) appearing for the Case

William R. Simpson, Public Defender by Deborah R. Sailings, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Connie Griffin, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The appellant Bivins was convicted of burglary and attempted rape and was sentenced to consecutive terms of 20 and 30 years. The length of the sentence brings the case to this court under Rule 29(1)(b). The only argument for reversal is that the court erroneously allowed the prosecutor to refer in his closing argument to the defendant's post-arrest silence. The argument is without merit.

On March 4, 1984, the prosecutrix was living...

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