Richardson v. State
Annotate this CaseAppellant Reginald Richardson was convicted of possession of cocaine with intent to deliver. Because the offense was committed within 1000 feet of a public-housing facility, Appellant's sentence was enhanced pursuant to Ark. Code Ann. 5-64-411(a)(4). The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, which the circuit court denied without a hearing. The Supreme Court affirmed, holding (1) the trial court's decision to render its order without a hearing was not clearly erroneous as the record showed Appellant's allegations to be without merit; (2) any error on the part of Appellant's counsel to object to a wording error contained in one verdict form was harmless, and Appellant failed to prove prejudice; and (3) trial counsel was not effective for failing to object to the circuit court's failure to arraign him on the enhanced charge because Appellant waived formal arraignment and was not prejudiced by the lack of a formal arraignment on the enhancement.
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