Supreme Court of Arkansas

Lemuel Whiteside v. State of Arkansas

November 21, 20192019 Ark. 349

Summary

The court affirmed the denial of Whiteside’s motion seeking resentencing on his aggravated-robbery conviction. It held that the circuit court’s authority on remand was limited to resentencing the capital-murder conviction, while the aggravated-robbery sentence and firearm enhancement had already been affirmed and deemed valid. Because Whiteside did not raise his challenge to the aggravated-robbery sentencing instruction in the earlier proceedings, the circuit court lacked jurisdiction to consider it in the later motion.