Cason v. State (Per Curiam)Annotate this Case
In 1991, Appellant pleaded guilty to aggravated robbery and several other offenses, for which he was sentenced to an aggregate term of fifty years’ imprisonment. In 2015, Appellant filed a motion to correct time spent in custody. The trial court denied the motion, concluding that Appellant’s request for jail-time credit against his sentence was a request for modification of a sentence imposed in an illegal manner, and, as such, Appellant failed to timely seek postconviction relief under Ark. R. Crim. P. 37.1. The Supreme Court reversed, holding that while the Court would orindary hold that a request for jail-time credit was arequest for modification of a sentence, under the circumstances of this case, Appellant established that there was evidence of a scrivener’s or omission error on his judgment. Remanded for the trial court to examine whether the evidence was sufficient to entitle Appellant to relief pursuant to Ark. R. Civ. P. 60(b).