Weaver D.M. v. State (Majority)
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Cite as 2013 Ark. App. 144 ARKANSAS COURT OF APPEALS DIVISION IV No. CACR11-988 Opinion Delivered DAVID MICHAEL WEAVER APPELLANT February 27, 2013 APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT [No. CR-10-462-2] V. HONORABLE MICHAEL MEDLOCK, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED AS MODIFIED LARRY D. VAUGHT, Judge Appellant David Michael Weaver was convicted of rape of his daughter and was sentenced to twenty-five years imprisonment in the Arkansas Department of Correction. In addition to his term of imprisonment, the trial court imposed the Reduction of Sexual Victimization Program (RSVP) as a condition of his incarceration. On appeal, Weaver argues that the RSVP requirement was an illegal sentence and that the sentence should be reversed and a new order entered that does not include it. In response, the State concedes the error. The judgment-and-commitment order must be modified to remove the requirement that Weaver participate in the RSVP as a condition of his incarceration. Requiring an inmate to participate in special programs such as RSVP as a condition of his or her incarceration is an illegal sentence. White v. State, 2012 Ark. 221, at 2 3, ___ S.W.3d ___, ___. And, an appellant may challenge an illegal sentence for the first time on appeal because it is an issue Cite as 2013 Ark. App. 144 of subject-matter jurisdiction. Richie v. State, 2009 Ark. 602, at 4, 357 S.W.3d 909, 912. Accordingly, we modify Weaver s judgment-and-commitment order to remove the illegal portion of his sentence. Affirmed as modified. HARRISON and WOOD, JJ., agree. Weber & Burns, PLLC, by: Jeffrey Weber, for appellant. Dustin McDaniel, Att y Gen., by: LeaAnn J. Adams, Ass t Att y Gen., for appellee. 2
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