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...
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