Ward v. Kelley (Per Curiam)Annotate this Case
Appellant pleaded guilty to one count of manslaughter. The Arkansas Department of Corrections (ADC) initially calculated Appellant’s term of imprisonment to total an aggregate term of 240 months’ imprisonment. However, the ADC changed Appellant’s time computation card to reflect the time to be served as an aggregate term of 360 months’ imprisonment. Appellant filed a petition for judicial review, alleging that the ADC had interpreted the sentencing order to illegally extend the duration of his incarceration. The ADC alleged that the circuit court had entered an amended sentencing order that increased the aggregate sentence to 360 months’ imprisonment but failed to include this amended order in the record. The ADC subsequently supplemented the record with a certified copy of the amended sentencing order. The circuit court dismissed the action. The Supreme Court affirmed but remanded, holding that because the amended sentencing order had the effect of extending Appellant’s parole eligibility date and in view of the fact that the ADC conceded that the amended order imposed a sentence that exceeded the maximum statutory penalty, it was likely that Appellant was being wrongfully detained. Remanded to the circuit court to vacate the amended sentencing order.