Johnson v. State (Majority)
Annotate this CaseOn October 24, 2007, Napolean Johnson was charged with several drug-related offenses. On March 23, 2010, Johnson was charged with two misdemeanors and kidnapping, a felony. Johnson entered negotiated pleas of guilty in both cases and was sentenced to one year on each misdemeanor conviction and to ten years on each felony conviction. The sentences were to run concurrently for a total term of ten years. The Arkansas Department of Correction (ADC) subsequently decided that Johnson would be required to serve the entirety of his ten-year sentence for kidnapping because he was ineligible for parole pursuant to Ark. Code Ann. 16-93-609. Johnson filed a motion to modify sentence to conform with the intent of the parties, challenging the ADC's decision to apply section 16-93-609, a parole-eligibility statute, to his sentence. The circuit court denied the motion. The Supreme Court dismissed Johnson's appeal, holding (1) Johnson's argument that the ADC should make him eligible for parole was not a recognized exception for an appeal following a guilty plea; and (2) because Johnson's sentence had been placed into execution, the circuit court had no jurisdiction to grant Johnson the relief request, nor did the Court.
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