Hart v. State (Majority)Annotate this Case
After a jury trial, Appellant was convicted of the lesser-included offense of manslaughter. Appellant’s sentence was enhanced pursuant to two enhancement statutes, and the circuit court entered a sentencing order sentencing Appellant to a total of thirty-five years in prison. Appellant filed a posttrial motion contending that the enhanced sentence was an illegal sentence and should be set aside because his ten-year enhanced sentence for committing manslaughter in the presence of a child was not authorized under Ark. Code Ann. 5-4-702(a). The Supreme Court affirmed as modified, holding that Appellant’s ten-year sentence pursuant to section 5-4-702(a) was illegal because that statute does not authorize an enhanced sentence for the offense of manslaughter.