CRISCO v. STATE (1997)

Supreme Court of Arkansas.

Keith CRISCO, Appellant, v. STATE of Arkansas, Appellee,

No. CR 96-713.

Decided: June 09, 1997

Paul Petty, Searcy, for Appellant. Winston Bryant, Attorney General, Kent G. Holt, Assistant Attorney General, Little Rock, for Appellee.

SUPPLEMENTAL OPINION

The State of Arkansas petitions this court for rehearing for the sole purpose of changing the disposition of the case from reversed and dismissed to reversed and remanded. We conclude that the State is correct in this regard and that the proper disposition of the case when evidence has been excluded on appeal due to trial error is a reversal and remand for the possibility of a new trial. See Nard v. State, 304 Ark. 159, 163-A, 801 S.W.2d 634, 637 (1991) (supplemental opinion). Accordingly, we reverse and remand this case.

BROWN, Justice.

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