Jenkins v. State (Majority)Annotate this Case
The Supreme Court dismissed Appellant’s appeal from the denial of his pro se petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-111, which rendered moot Appellant’s pro se motion for appointment of counsel and stay of briefing schedule in his pending pro se appeal. After his conviction for first-degree murder and other crimes Appellant was sentenced as a habitual offender to an aggregate term of life plus 360 months’ imprisonment. In his 16-90-111 petition, Petitioner argued that his sentences were imposed illegally in violation of the prohibition against double jeopardy. The trial court denied Appellant’s petition to correct an illegal sentence as untimely petition under Ark. R. Crim. P. 37.2. The Supreme Court held that the trial court did not clearly err when it denied Appellant’s petition because the petition was untimely and the sentences did not violate the prohibition against double jeopardy.