Burgess v. State (Majority, with Dissenting)Annotate this Case
Appellant pled guilty to one count of misdemeanor domestic battering in the third degree and three counts of felony terroristic threatening in the first degree. Appellant was placed on probation and ordered to serve 120 days in confinement. Thereafter, Appellant pleaded guilty to violating the terms of his probation. Two years later, Appellant again pleaded guilty to violating the terms of his probation. At issue during sentencing was whether Appellant was entitled to jail-time credit for the time he previously served in confinement when he was first placed on probation. The circuit court ultimately awarded Petitioner thirty-one days’ jail-time credit to account for the time he spent incarcerated between his arrest and the final hearing. The Supreme Court affirmed, holding that Appellant was not entitled to jail-time credit under either Ark. Code Ann. 5-4-404 or Ark. Code Ann. 16-93-309(c).