Cite as 336 Ark. 490 (1999)
THE COURT: You've done your client an excellent job, Mr. Alexander.
The next witness called was Heath Stocks. He described how Walls introduced him to alcohol and told the judge that he was eleven or twelve when Walls first raped him. He also testified that Walls introduced him to pornography and taught him how to shoot at human targets. The prosecutor then asked Heath whether Walls talked to him about killing people. At that point, defense counsel objected again on the basis that this victim-impact evidence had nothing to do with solicitation to commit murder. The prosecutor responded that Walls manipulated and controlled Heath. Defense counsel answered that he would like to move in limine to prohibit the prosecutor from going into solicitation to murder because those charges related to the Hogan family and had been dismissed. The circuit judge interrupted and said Heath was a victim and that he would listen to whatever Walls did to Heath that "impacted his life." The circuit judge pointed out that the prosecutor had not yet asked about solicitation to murder or the Hogans.
The prosecutor injected that there were "two different circumstances" she would be talking about, which was an obvious reference to Walls's involvement regarding the potential murder of the Hogans and the actual murder of the Stockses. The prosecutor added that she was allowed to go into other "bad acts" as part of victim-impact evidence. The discussion ended with the judge saying he would not include dismissed charges in Walls's sentence:
DEFENSE COUNSEL: Well, if you're going to consider those things, then we should have — we could have pled guilty to everything. Because, if you're going to consider solicitation of murder that we were — that we didn't plead guilty to, then —
THE COURT: Mr. Allen, you are assuming that this Court would then, in sentencing, include charges that have been dismissed, and that's not going to happen.
But I am entitled to know the mind-set of these people. I am entitled — I mean, I — if you choose, I'm entitled to know the mind-set of your client. But the fact that he doesn't want to say anything has absolutely no bearing on me.
