with mental retardation at the time of committing capital murder shall be sentenced to death.” Ark. Code Ann. § 5-4-618 (a) (2) and (b). However, based on the records and the two mental evaluations, including the evidence suggesting that appellant was malingering, the trial court could not conclude that he was mentally retarded, which would have required the court to “death qualify” the jury. Ark. Code Ann. § 5-4-618 (d)(2)(B). Because the court found the evidence to be inconsistent, it was a fact question for the jury to decide in the sentencing phase of the trial pursuant to Ark. Code Ann. § 5-4-618(d)(2)(A). First, because appellant did not raise the issue of competency to stand trial below, it is not preserved for this appeal. Green v. State, 365 Ark. 478, 231 S.W.3d 638 (2006) (<HOLDING>); Mask v. State, 314 Ark. 25, 869 S.W.2d 1
holding that issues not raised before the trial court cannot be raised on appeal holding that issues not raised in the trial court may not be raised later on appeal holding that an argument not made to the circuit court cannot be raised on appeal holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal holding that an issue not raised in the trial court cannot be raised for the first time on appeal