Gardner v. State (Majority)Annotate this Case
The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition filed pursuant to Ark. Code Ann. 16-90-111 to correct a sentence imposed on him in 2004 on the grounds that the sentence was illegal. The trial court denied relief because the petition was not timely filed under Ark. R. Crim. P. 37.2. The Supreme Court dismissed the appeal, albeit for different reasons, holding (1) the trial court had authority to grant relief under the statute if the sentence imposed on Appellant had indeed been illegal; and (2) Appellant’s sentence was legal, and Appellant’s additional claims were not timely raised.