Page:Walls v. State (1999).pdf/13

502 Because the other issues raised for reversal are not likely to reoccur on resentencing, we do not address them.

Reversed and remanded.

G, C and S, JJ., dissent.

 R. S, Justice, dissenting. I disagree with the majority that reversal is warranted in this case. The majority considers the court's statement, "I only know that, in the very least, you are indirectly responsible for the deaths of Joe, Barbara and Heather Stocks" an indication that the court intended to sentence Walls for uncharged crimes.

The sentence actually imposed indicates the court sentenced appellant in accordance with the law for the crimes he admittedly did commit. Appellant pleaded guilty to five counts of rape and no contest to a sixth rape count. All these offenses were committed repetitively against minor boys for nearly a decade. Appellant misused a position of trust to gain access to young boys and then sexually exploited them in base and despicable ways. Under our criminal code rape is a Class Y felony punishable by not less than ten (10) years and not more than forty (40) years or life. The trial court sentenced appellant to four consecutive life terms and two terms of forty (40) years. Given the heinous nature of the defendant's confessed acts I cannot say this sentence was indicative of prejudice.

The majority agrees with appellant that certain procedural improprieties during the hearing necessitate reversal. However, our cases are clear that only prejudicial error justifies reversal of the trial court. Phillips v. State, 321 Ark. 160, 900 S.W.2d 526 (1995). The sentence imposed does not indicate prejudice but was within applicable statutory parameters and commensurate with the nature of the offenses committed. I cannot say that upon remand the sentence imposed could be appreciably different. The abstract contains no record of appellant having objected to the sentence at the time of its imposition.

The court's statements regarding the rules of evidence were at best not artful and at worst misstatements of law. There is no question as to the applicability of the rules of evidence to the