Edward Lockhart, Appellant v. State of Arkansas, Appellee — Wynne, J., Concurring in Part and Dissenting in Part

Summary

The separate opinion would reject the majority’s conclusion that the challenge to sentencing without a presentence report was unpreserved because the issue was raised in a posttrial motion and decided by the trial court. It would also conclude that the governing statute required receipt of the report before sentence was pronounced, regardless of whether the defendant was convicted by a jury. Wynne, J., concurring in part and dissenting in part, would reverse and remand on that issue.