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GIACONA v. STATE

No. CACR 91-267.

844 S.W.2d 381 (1992)

39 Ark.App. 101

Frank GIACONA, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, En Banc.

December 23, 1992.

Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, for appellant.

Sandy Moll, Asst. Atty. Gen., Little Rock, for appellee.

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Petition for Rehearing denied.

MAYFIELD, Judge, dissenting.

This court has today denied appellant's petition for rehearing in the above case. I do not agree. I think the petition for rehearing should be granted, and we should certify the case to the Arkansas Supreme Court based upon the following considerations:

First: On September 28, 1989, after petitioner was given leave by our supreme...

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