Waggle v. State

James R. Cooper, Judge,

dissenting. I dissent because I do not agree that the appellant was entitled to a lesser-included offense instruction under the circumstances of this case. I rely on Young v. State, 283 Ark. 435, 678 S.W.2d 329 (1984), where the Arkansas Supreme Court rejected a similar argument, holding that there was no rational basis for the lesser instruction where it was undisputed that a gun was used in the robbery.

For the reasons stated above, I respectfully dissent.