Raymond Leshay Mitchell v. State of Arkansas

Annotate this Case
ar01-600

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN B. ROBBINS, JUDGE

DIVISION IV

RAYMOND LESHAY MITCHELL

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-600

MARCH 19, 2003

APPEAL FROM THE MISSISSIPPI

COUNTY CIRCUIT COURT,

CHICKASAWBA DISTRICT

[NO. CR-96-258, CR-97-217]

HONORABLE VICTOR LAMONT

HILL, JUDGE

REVERSED AND REMANDED

Appellant Raymond Mitchell pleaded guilty to being a felon in possession of a firearm, a Class D felony, and was sentenced to three years of imprisonment with three years suspended. Appellant served time in prison and was released and on parole when the State petitioned the trial court to revoke appellant's suspended sentence. The petition was granted. Appellant was sentenced to three years in prison with three years suspended. On appeal, appellant argues that the sentence imposed upon revocation was illegal because when that sentence is combined with the original sentence, it exceeds the statutory range for a Class D felony, six years. The State concedes that error occurred. We remand to the trial court for resentencing.

Arkansas Code Annotated section 5-4-309(f) (Supp. 2001) provides:

(1)(A) If the court revokes a suspension or probation, it may enter a judgment of

conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he was found guilty.

(B) Provided, that any sentence to pay a fine or to imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401, or, if applicable, § 5-4-501.

The trial court's sentence upon revocation effectively placed appellant under the court's jurisdiction for six years. Because appellant had already been sentenced to three years of imprisonment, the longest the trial court could retain jurisdiction was for three more years, which is the maximum prison sentence for a Class D felony. See, e.g., Thomas v. State, 349 Ark. 447, 79 S.W.3d 347 (2002). See also Ark. Code Ann. § 5-4-401(a)(5)(maximum sentence for a Class D felony is six years). This was an illegal sentence, invalid on its face because it was in excess of years prescribed by law. See Blanks v. State, 300 Ark. 398, 779 S.W.2d 168 (1989); Fritts v. State, 298 Ark. 533, 768 S.W.2d 541 (1989); Brimer v. State, 295 Ark. 20, 746 S.W.2d 370 (1988); Abdullah v. State, 290 Ark. 537, 720 S.W.2d 902 (1986). An illegal sentence may be corrected at any time. Ark. Code Ann. § 16-90-111(a) (Supp. 2001).

Appellant requests that this case be remanded for resentencing. We so order. See Brimer v. State, supra.

Reversed and remanded.

Pittman and Vaught, JJ., agree.

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