Shepherd v. State , 270 Ark. 457 ( 1980 )

Richard L. Mays, Justice,

concurring. Since appellant did not object to the lack of guidelines for controlling the jury’s discretion concerning the imposition of punishment, I agree that the judgment should be affirmed. However, had this issue been raised below, I would hold that appellant’s due process rights were violated by permitting the jurors to impose a life or five year sentence on the same facts without standards to control their discretion. See Rogers v. Britton, 476 F. Supp. 1036 (E.D. Ark. 1979).