State v. Barlow

HUNTLEY, Judge Pro Tern.,

concurring specially.

I concur fully in the opinion of Judge Burnett and write only with respect to the remand ordered in Part II. Although it is perhaps proper that we remand for the trial court to initially make the required Drapeau findings, such is a close call. From the record presented herein, it is rather clear that a new trial should not be granted because it is evident that Drapeau standards (1), (2) and (4) are not met and it is highly probable, in the face of the overwhelming evidence supporting the conviction, that standard (3) is not met.