Prince v. State (Majority, with Dissenting)
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The Supreme Court affirmed the judgment of the trial court denying Defendant's pro se motion to correct an illegal sentence under Ark. Code Ann. 16-90-111, holding that the motion was untimely.
In 1990, Defendant was convicted of burglary and theft of property. Defendant was sentenced to forty years' imprisonment and thirty years' imprisonment, respectively. In his motion to correct an illegal sentence, Defendant argued that making the thirty-year sentence part consecutive and part concurrent was illegal. The trial court denied relief. The Supreme Court affirmed, holding (1) although Defendant characterized his claim as one alleging a facially invalid sentence, it was not, and therefore, section 16-90-111 did not apply; and (2) under Ark. R. Crim. P. 37.2(c), Defendant's motion was untimely.
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