RODERICK MONTGOMERY v. STATE OF ARKANSAS (Majority)
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Cite as 2019 Ark. App. 377 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-18-508 RODERICK MONTGOMERY APPELLANT V. Opinion Delivered: September 18, 2019 APPEAL FROM THE DREW COUNTY CIRCUIT COURT [NO. 02CR-17-121] STATE OF ARKANSAS APPELLEE HONORABLE SAM POPE, JUDGE AFFIRMED RITA W. GRUBER, Chief Judge This is a companion case to Montgomery v. State, 2019 Ark. App 376 (case No. CR18-500) also handed down today.1 In the present case, Roderick Montgomery pleaded guilty in the Drew County Circuit Court to delivery of methamphetamine, a Class B felony; possession of a defaced firearm, a Class D felony; possession of a firearm by a felon while in the commission of a new offense, a Class B felony; and use of a communication device in the commission of a drug offense, a Class C felony. In the companion case occurring in Ashley County, appellant pleaded guilty to two counts of delivery of methamphetamine, Class C felonies, and one count of delivery of methamphetamine, a Class B felony. Both counties are located within the Tenth Judicial District. 1 It is back after rebriefing. See Montgomery v. State, 2019 Ark. App. 128. With appellant’s consent, the court held one sentencing hearing for all seven convictions. In this case, the court entered a sentencing order in accordance with the jury’s verdict sentencing appellant to ten years’ imprisonment on the methamphetamine conviction; six years’ imprisonment on the defaced-firearm conviction; fifteen years’ imprisonment on the possession-of-a-firearm conviction; and three years’ imprisonment on the communication-device conviction. The sentences were to run consecutively except for the three-year sentence for use of a communication device. Appellant brings four points on appeal alleging errors in the sentencing hearing. Because these points are identical to the points raised in Montgomery v. State, 2019 Ark. App. ___, we affirm for the reasons set forth in that opinion, also handed down today. Affirmed. HARRISON and MURPHY, JJ., agree. Ben Motal, for appellant. Leslie Rutledge, Att’y Gen., by: Michael A. Hylden, Ass’t Att’y Gen., for appellee. 2
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