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STATE v. SHORT

No. CR 09-670.

361 S.W.3d 257 (2009)

2009 Ark. 630

STATE of Arkansas, Appellant, v. Mikel SHORT, Appellee.

Supreme Court of Arkansas.

December 17, 2009.

Attorney(s) appearing for the Case

Dustin McDaniel , Att'y Gen., by: David R. Raupp , Senior Ass't Att'y Gen., for appellant.

Llewellyn J. Marczuk , Baxter County Public Defender, Little Rock, for appellee.

ROBERT L. BROWN, Justice.

The State appeals the grant of a new trial to appellee Mikel Short on grounds that Arkansas law was not violated by the failure to pose a juror's question to the judge in open court. We disagree that this is an appropriate issue for a State appeal, and we dismiss.

On February 26, 2009, Mikel Short was convicted by a Baxter County jury of possession of a controlled substance, methamphetamine, and was sentenced to 120

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