A Desha County man sentenced to prison last year has failed to convince the Arkansas Court of Appeals there were errors in his trial.
Don Lamar Love, 51, was sentenced to 12 years in prison after a jury trial for being a felon in possession of a firearm.
In his appeal, Love claimed there was insufficient evidence to prove that he possessed the rifle found in his truck, but the appeals court said this claim was not preserved for review because his attorney did not tell the court the exact elements of the crime Love was accused of committing.
Love also claimed that prosecutors improperly dismissed a juror who said she could not sit in judgment in the case. The Appeals Court said the decision to dismiss a juror for cause rests solely within the judgment of the trial court.
Finally, Love contended that the trial court denied his request for a continuance when prosecutors told love that one of his witnesses was a convicted felon and needed to be advised of her right to remain silent.
Love’s attorney complained that prosecutors had “sandbagged” the defense by waiting until the day of the trial to bring up the witnesses’ felony conviction. Prosecutors argued that the defense had access to the online court database that would have shown the witnesses prior conviction and that prosecutors had no obligation to tell the defense the information since she was a defense witness.1
Love is serving his sentence at the Ester Unit and will be eligible to apply for parole in April 2036.
