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PENN v. STATE

No. CACR 96-1155.

945 S.W.2d 397 (1997)

57 Ark.App. 333

Carl Ledell PENN, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division IV.

May 28, 1997.

Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, Kent C. Krause, Deputy Public Defender, Jeffrey A. Weber, Little Rock, for Appellant.

Winston Bryant, Attorney General, O. Milton Fine II, Assistant Attorney General, Little Rock, for Appellee.

ROAF, Judge.

Appellant Carl Ledell Penn was tried in a bench trial on a three-count indictment for possession of cocaine with intent to deliver, possession of drug paraphernalia, and fleeing. He moved for directed verdict on all counts at the conclusion of the State's case. The trial judge, after addressing only the drug possession count, granted the motion for directed verdict and announced that the case was dismissed. After a recess, and after another case had been...

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