Summary
In Jones, the defendant was continuously in custody on the initial charges except for a brief period of time when the defendant had escaped from custody.
Summary of this case from Bailey v. StateOpinion
Jerry [301 Ark. 512-A] Sallings, Deputy Public Defender, Little Rock, for appellant.
Steve Clark, Atty. Gen., for appellee.
SUPPLEMENTAL OPINION ON DENIAL OF PETITION FOR REHEARING
PER CURIAM.
In this matter, the trial court denied appellant's application for jail time credit, and on appeal, we affirmed as modified and remanded the trial court to conform its holding to show that the appellant has 452 days of jail time credit. The state, in its petition for rehearing, contends this court had no appellate jurisdiction of the trial court's denial of the appellant's motion for jail time credit because the sentences imposed against appellant arose from his guilty pleas, from which he had no right to appeal. See A.R.Cr.P. Rule 36.1; Jenkins v. State, 301 Ark. 20, 781 S.W.2d 461 (1989); Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987). The state is wrong.
Under Ark.Code Ann. § 16-90-111(b)(1) (Supp.1989), a circuit court has authority to reduce a sentence within 120 days after the sentence is imposed or after receipt of a mandate issued upon affirmance of the judgment or dismissal of the appeal. Here, the appellant pled guilty to three felonies on June 12, 1989, and on June 30, 1989, or eighteen days later, he also requested jail time credit, which the trial court denied. Appellant's request for jail time credit and reduction of sentence was timely made, and he duly filed his appeal from the trial court's denial of his request. Clearly, we had appellate jurisdiction to decide the correctness of the trial court's decision.
[301 Ark. 512-B] The state correctly notes that, in our opinion, we misrepresented the holding in Cox v. State, 288 Ark. 300, 705 S.W.2d 1 (1986), as stating that a defendant who has pleaded guilty may appeal on the issue of the application of jail time credit. Even so, since the lower court and this court in the present case had jurisdiction to consider appellant's argument for jail time credit under § 16-90-111(b)(1), such a miscue in no way affects the result this court reached. In reading Cox, it is difficult to discern exactly how that matter came to this court for review, but it is of no import. There, Cox filed his motion for jail time credit in circuit court within three years of his conviction judgment, and the lower court and this court on appeal could have considered such issue under A.R.Cr.P. Rule 37, even if Cox had been unable to raise it in any other manner. See Williams v. State, 291 Ark. 255, 724 S.W.2d 158 (1987).
Rule 37 has since been abolished. See Whitmore v. State, 299 Ark. 55, 771 S.W.2d 266 (1989).
The state's petition for rehearing is denied.