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RODGERS v. STATE

No. CA CR 01-293.

64 S.W.3d 275 (2001)

76 Ark.App. 245

Eddie RODGERS v. STATE of Arkansas.

Court of Appeals of Arkansas, Divisions I, II.

December 19, 2001.

Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender; Don Thompson, Deputy Public Defender, by: Clint Miller, Deputy Public Defender, Little Rock, for appellant.

Mark Pryor, Attorney General, by: Lauren Elizabeth Heil, Assistant Attorney General, Little Rock, for appellee.

JOHN F. STROUD, JR., Chief Judge.

Appellant, Eddie Rodgers, was convicted of aggravated assault by a jury for shooting a gun at Bryant Young, who had come to his house to take his younger sister out on a date. During the sentencing phase of the trial and over the State's objection, pursuant to Ark.Code Ann. § 16-97-101(4) (Supp.2001), the trial judge, in his discretion, instructed the jury that it could recommend an...

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