Page:Shabazz v. State.pdf/1

 Cite as 2018 Ark. App. 399

DIVISIONS III & IV

CR-17-659

MELCHIZEDEK SHABAZZAPPELLANT

V.

STATE OF ARKANSASAPPELLEE September 5, 2018

APPEAL FROM THE HOWARD COUNTY CIRCUIT COURT [NO. 31CR-16-75]

HONORABLE TOM COOPER, JUDGE

SUBSTITUTED OPINION ON THE GRANT OF REHEARING; REVERSED AND REMANDED

A Howard County Circuit Court jury convicted Melchizedek Shabazz of possession of marijuana with intent to deliver, and he was sentenced to thirty years' imprisonment in the Arkansas Department of Correction. He appeals, claiming that he was denied his Sixth Amendment right to counsel at his suppression hearing. We agree.

On the morning of May 23, 2016, Howard County deputy sheriff Joey Davis stopped Shabazz's vehicle for speeding. Deputy Davis smelled the odor of "green" marijuana and saw several small pieces of a green, leafy substance—possibly marijuana—on the console. Shabazz admitted to Deputy Davis that he had smoked marijuana earlier that morning and that there was some marijuana in the car. He then handed Deputy Davis a small container that