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Midgett v. State

Supreme Court of Arkansas
Jun 29, 1987
292 Ark. 278 (Ark. 1987)

Summary

concluding that regular and severe beatings the appellant inflicted upon his son evidenced intent to cause serious physical injury, but not to kill

Summary of this case from Com. v. Chambers

Opinion


731 S.W.2d 774 (Ark. 1987) 292 Ark. 278 Ronnie MIDGETT, Sr., Appellant, v. STATE of Arkansas, Appellee. No. CR 86-215. Supreme Court of Arkansas. June 29, 1987.

        [292 Ark. 291-A] NEWBERN, Justice.

        The appellant only reargues the question whether there was evidence of premeditation and deliberation and thus presents no basis for granting rehearing. Arkansas Supreme Court and Court of Appeals Rule 20(g). However, both parties have pointed out an error of law in our opinion, 292 Ark. 278, 729 S.W.2d 410. We stated that the maximum sentence for first degree murder is forty years imprisonment. We should have said the maximum term of years is forty. The statute provides first degree murder is a class Y felony, Ark.Stat.Ann. § 41-1502(3) (Supp.1985), and a person convicted of a class Y felony may be sentenced to a term of not less than ten years and not more than forty years, or life. The jury thus sentenced the appellant to the maximum determinate sentence for first degree murder, although it was not the ultimate maximum sentence, i.e., life imprisonment.

        The appellant argues, in his response to the appellee's request for rehearing, that we should grant a new trial so that a jury may set the sentence for second degree murder. We decline to do so, as we regard the maximum sentence to be supported by the evidence in the record, and as we said in Collins v. State, 261 [292 Ark. 291-B] Ark. 195, 548 S.W.2d 106 (1977):

        If the evidence proves insufficient to support a jury's verdict of a higher offense, the trial court may sentence the defendant for a lesser included offense where the evidence clearly shows the commission of the latter (and this court, in its discretion, may reduce the sentence to that prescribed for the lesser offense). Caton v. State, 252 Ark. 420, 479 S.W.2d 537 [1972]. This rule applies in murder cases as well as for other felonies. Simpson v. State, 56 Ark. 8, 19 S.W. 99 [1892]. [261 Ark. at 209, 548 S.W.2d at 114.]

        The sentence has been reduced to one within the range prescribed for second degree murder, and we find that sentence to be justified by the evidence in the record.

        Rehearing denied.

        HICKMAN, HAYS and GLADE, JJ., would grant.


Summaries of

Midgett v. State

Supreme Court of Arkansas
Jun 29, 1987
292 Ark. 278 (Ark. 1987)

concluding that regular and severe beatings the appellant inflicted upon his son evidenced intent to cause serious physical injury, but not to kill

Summary of this case from Com. v. Chambers

In Midgett, the issue was whether the evidence adduced was sufficient to sustain a conviction for first-degree murder, and this court concluded that it was not.

Summary of this case from McArty v. State

reducing conviction from first-degree murder to second-degree murder where evidence was insufficient to sustain conviction on greater offense

Summary of this case from Whiteside v. State

In Midgett v. State, 729 S.W.2d 410 (Ark. 1987), the defendant brutally beat his eight-year-old son, ultimately killing him with blows to the abdomen and chest.

Summary of this case from State v. Wright

In Midgett v. State, 729 S.W.2d 410 (Ark. 1987), the Arkansas Supreme Court was asked to affirm the first-degree murder conviction of a father who had killed his eight-year-old son by repeated blows of his fist.

Summary of this case from State v. Brown
Case details for

Midgett v. State

Case Details

Full title:Ronnie MIDGETT, Sr. v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jun 29, 1987

Citations

292 Ark. 278 (Ark. 1987)
292 Ark. 278
729 S.W.2d 410

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