Page:Walls v. State (1999).pdf/3

492, following a guilty plea for robbery against the same victim; however, such relevant evidence should only come in "in the absence of prejudice."
 * 1) C.—Solicitation-to-murder evidence was not admissible as an aggravating circumstance under Arkansas sentencing law where appellant was, without question, prejudiced by the evidence.
 * 2) C.—The circuit judge abused his discretion (1) when he allowed the testimony about the murders in as victim-impact evidence, and (2) when he held appellant responsible for those murders in fixing his sentence; the case was reversed and remanded.

Appeal from Lonoke Circuit Court; Lance L. Hanshaw, Judge; reversed and remanded.

Hubert W. Alexander and Jon Johnson, for appellant.

Winston Bryant, Att'y Gen., by: Sandy Moll, Asst. Att'y Gen., for appellee.

 L. B, Justice. Appellant Charles A. "Jack" Walls appeals from a sentence given by the circuit judge following his guilty plea to five counts of rape and a plea of nolo contendere to one count of rape. The circuit judge sentenced Walls to two forty-year terms and four life terms in prison, to be served consecutively. Walls states several grounds for appeal, including a claim that the circuit judge erred in allowing and then considering for sentencing purposes irrelevant evidence relating to Walls's culpability for the murder of the Stocks family. We agree with Walls that this was an abuse of discretion, and we reverse and remand for resentencing.

Jack Walls was a boy scout troop leader who sexually molested boys under his care. After he pled guilty to four counts of raping the boys and one count of no contest, two counts of solicitation to commit murder involving the Hogan family were nol prossed. On January 22, 1998, the circuit judge conducted a sentencing hearing. At the hearing, the prosecutor called the boys who were Walls's victims as witnesses and in some instances their parents and grandparents. It evolved at the hearing that Walls