Russell v. Kelley (Majority)Annotate this Case
In 2013, appellant Roy Russell was found guilty by a jury of second-degree battery and being a felon in possession of a firearm. He was sentenced as a habitual offender to serve 180 months’ imprisonment and 480 months’ imprisonment, respectively, to be served consecutively for a total of 660 months. The circuit court entered the sentencing order and stated each offense and sentence. The order also stated that the aggregate term of imprisonment to be served by Russell was 480 months, rather than the 660 months. A few weeks later, the circuit court entered an amended sentencing order that stated that a total sentence of 660 months’ imprisonment had been imposed. The Arkansas Court of Appeals affirmed the judgment. In 2016, Russell, filed a pro se petition for writ of habeas corpus alleging that he was being illegally held on an invalid conviction. Russell alleged that his 2013 sentencing order was invalid on its face and the circuit court lacked jurisdiction to enter the order. The circuit court denied Russell’s petition on the ground that Russell had not stated a ground for the writ. Russell appealed, contending the circuit court erred in denying his requested relief. Finding no reversible error, the Supreme Court affirmed.