Johnson v. State, 2010 Ark. 63; King v. State, 2013 Ark.App. 342. Santos did not enter a conditional plea; therefore, he can appeal only from an error arising from sentencing.
See Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645.King v. State, 2013 Ark.App. 342. Appellant did not enter a conditional plea; and his forty-year sentence for a Class Y felony was within the statutory limits and thus could not present an issue that could be raised for the first time on appeal.
We do not address Cagle's pro se points because we are dismissing this appeal for lack of jurisdiction. King v. State, 2013 Ark.App. 342, at 1 n.1 (citing Kelley, 2012 Ark.App. 36). Appeal dismissed; motion granted.
Therefore, we order rebriefing. King v. State, 2013 Ark. App. 342. See Anders, supra; Ark. Sup. Ct. R. 4-3(k)(1) (2020).
See Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645. King v. State, 2013 Ark. App. 342. Appellant did not enter a conditional plea; and his forty-year sentence for a Class Y felony was within the statutory limits and thus could not present an issue that could be raised for the first time on appeal.
A defendant may appeal from a guilty plea under three limited exceptions: (1) a conditional guilty plea under certain specified circumstances pursuant to Arkansas Rule of Criminal Procedure 24.3(b); (2) when the assignment of error is from a sentence or sentencing procedure that was not an integral part of the acceptance of the plea, see Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645; and (3) an appeal from a guilty plea when the issue on appeal is one of evidentiary errors that arose after the plea but during the sentencing phase of the trial, regardless of whether a jury was impaneled or the trial judge sat as the trier of fact during that phase. King v. State, 2013 Ark. App. 342. Parker did not enter a conditional plea; therefore, he can only appeal from an error arising from sentencing.
A defendant may appeal from a guilty plea under three limited exceptions: (1) a conditional guilty plea under certain specified circumstances pursuant to Arkansas Rule of Criminal Procedure 24.3(b); (2) where the assignment of error is from a sentence or sentencing procedure that was not an integral part of the acceptance of the plea, see Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645; and (3) an appeal from a guilty plea when the issue on appeal is one of evidentiary errors that arose after the plea but during the sentencing phase of the trial, regardless of whether a jury was impaneled or the trial judge sat as the trier of fact during that phase. Johnson v. State, 2010 Ark. 63; King v. State, 2013 Ark. App. 342. Cox did not enter a conditional plea; therefore, he can only appeal from an error arising from sentencing.
A defendant may appeal from a guilty plea under three limited exceptions: (1) a conditional guilty plea under certain specified circumstances pursuant to Arkansas Rule of Criminal Procedure 24.3(b) ; (2) where the assignment of error is from a sentence or sentencing procedure that was not an integral part of the acceptance of the plea; and (3) an appeal from a guilty plea when the issue on appeal is one of evidentiary errors that arose after the plea but during the sentencing phase of the trial, regardless of whether a jury was impaneled or the trial judge sat as the trier of fact during that phase. Matthews, supra (citing Wooley v. State, supra ; Burgess v. State , 2016 Ark. 175, 490 S.W.3d 645 ; Johnson v. State , 2010 Ark. 63 ; King v. State , 2013 Ark. App. 342 ). Cartwright's appeal does not fit any exception. Therefore, I must concur in the outcome as outlined above.
Wooley v. State, 2016 Ark. App. 343, at 1 (citing Ark. R. App. P.-Crim. 1(a) (2015)). Id., at 1-2 (citing Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645; Johnson v. State, 2010 Ark. 63; King v. State, 2013 Ark. App. 342). --------
A defendant may appeal from a guilty plea under three limited exceptions: (1) a conditional guilty plea under certain specified circumstances pursuant to Arkansas Rule of Criminal Procedure 24.3(b); (2) where the assignment of error is from a sentence or sentencing procedure that was not an integral part of the acceptance of the plea, see Burgess v. State, 2016 Ark. 175, ___ S.W.3d ___; and (3) an appeal from a guilty plea when the issue on appeal is one of evidentiary errors that arose after the plea but during the sentencing phase of the trial, regardless of whether a jury was impaneled or the trial judge sat as the trier of fact during that phase. Johnson v. State, 2010 Ark. 63; King v. State, 2013 Ark. App. 342. This exception does not apply because Wooley did not enter a conditional plea under Rule 24.3(b).