Opinion
No. CR 83-107
Opinion delivered January 16, 1984
CRIMINAL PROCEDURE — LEGALITY OF ARREST — NO ERROR FOUND ON FIRST APPEAL WITH SAME FACTS AND ISSUE BUT DIFFERENT CHARGE — NO ERROR FOUND NOW. — Where after arrest appellant confessed to several crimes, his conviction for one of those crimes has already been affirmed on appeal, and the issues and facts were the same with respect to the one arrest that resulted in the several confessions, the appellate court adheres to its former ruling and finds no error in the Court's determination that there was probable cause for the arrest or in the admission of the confession.
Appeal from Pulaski Circuit Court, Fifth Division, Lowber Hendricks, Judge; affirmed.
William R. Simpson, Jr., Public Defender, by: Arthur L. Allen, Deputy Public Defender, for appellee.
Steve Clark, Atty. Gen., by: Leslie M. Powell, Asst. Atty. Gen., for appellee.
Anthony Reed was convicted of the burglary and robbery of Jennie Caswell. He was sentenced to thirty years on each count, to be served consecutively. Reed appeals, arguing that his arrest was illegal and that his subsequent confession was tainted thereby and inadmissible. We affirm.
After Reed was arrested for Caswell's robbery, he confessed to that crime as well as several others. His conviction for one of those crimes has already come to us on appeal and we affirmed. Reed v. State, 280 Ark. 316, 657 S.W.2d 557 (1983). There, as here, the trial court held that there was probable cause for the Caswell arrest and that the confession for the separate crime was admissible.
The issue there was exactly the same as the one now presented. The facts, which we recited in Reed v. State, supra, were also the same, because the trial court held only one probable cause hearing to determine the legality of the one arrest that resulted in the several confessions. On precisely the same facts we found that the trial court did not err. We adhere to our former ruling and find no error in the Court's determination that there was probable cause for the arrest and in the admission of the confession.
Affirmed.