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Montgomery v. State

ARKANSAS COURT OF APPEALS DIVISION IV
Sep 18, 2019
2019 Ark. App. 377 (Ark. Ct. App. 2019)

Opinion

No. CR-18-508

09-18-2019

RODERICK MONTGOMERY APPELLANT v. STATE OF ARKANSAS APPELLEE

Ben Motal, for appellant. Leslie Rutledge, Att'y Gen., by: Michael A. Hylden, Ass't Att'y Gen., for appellee.


APPEAL FROM THE DREW COUNTY CIRCUIT COURT
[NO. 02CR-17-121] HONORABLE SAM POPE, JUDGE AFFIRMED RITA W. GRUBER, Chief Judge

This is a companion case to Montgomery v. State, 2019 Ark. App 376 (case No. CR-18-500) also handed down today. In the present case, Roderick Montgomery pleaded guilty in the Drew County Circuit Court to delivery of methamphetamine, a Class B felony; possession of a defaced firearm, a Class D felony; possession of a firearm by a felon while in the commission of a new offense, a Class B felony; and use of a communication device in the commission of a drug offense, a Class C felony. In the companion case occurring in Ashley County, appellant pleaded guilty to two counts of delivery of methamphetamine, Class C felonies, and one count of delivery of methamphetamine, a Class B felony. Both counties are located within the Tenth Judicial District.

It is back after rebriefing. See Montgomery v. State, 2019 Ark. App. 128. --------

With appellant's consent, the court held one sentencing hearing for all seven convictions. In this case, the court entered a sentencing order in accordance with the jury's verdict sentencing appellant to ten years' imprisonment on the methamphetamine conviction; six years' imprisonment on the defaced-firearm conviction; fifteen years' imprisonment on the possession-of-a-firearm conviction; and three years' imprisonment on the communication-device conviction. The sentences were to run consecutively except for the three-year sentence for use of a communication device. Appellant brings four points on appeal alleging errors in the sentencing hearing. Because these points are identical to the points raised in Montgomery v. State, 2019 Ark. App. ___, we affirm for the reasons set forth in that opinion, also handed down today.

Affirmed.

HARRISON and MURPHY, JJ., agree.

Ben Motal, for appellant.

Leslie Rutledge, Att'y Gen., by: Michael A. Hylden, Ass't Att'y Gen., for appellee.


Summaries of

Montgomery v. State

ARKANSAS COURT OF APPEALS DIVISION IV
Sep 18, 2019
2019 Ark. App. 377 (Ark. Ct. App. 2019)
Case details for

Montgomery v. State

Case Details

Full title:RODERICK MONTGOMERY APPELLANT v. STATE OF ARKANSAS APPELLEE

Court:ARKANSAS COURT OF APPEALS DIVISION IV

Date published: Sep 18, 2019

Citations

2019 Ark. App. 377 (Ark. Ct. App. 2019)

Citing Cases

Montgomery v. State

RITA W. GRUBER, Chief Judge This is a companion case to Montgomery v.State , 2019 Ark. App. 377, 2019 WL…