Opinion
No. CACR11-988
02-27-2013
DAVID MICHAEL WEAVER APPELLANT v. STATE OF ARKANSAS APPELLEE
Weber & Burns, PLLC, by: Jeffrey Weber, for appellant. Dustin McDaniel, Att'y Gen., by: LeaAnn J. Adams, Ass't Att'y Gen., for appellee.
APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT [No. CR-10-462-2]
HONORABLE MICHAEL MEDLOCK, JUDGE
AFFIRMED AS MODIFIED
LARRY D. VAUGHT , Judge
Appellant David Michael Weaver was convicted of rape of his daughter and was sentenced to twenty-five years' imprisonment in the Arkansas Department of Correction. In addition to his term of imprisonment, the trial court imposed the "Reduction of Sexual Victimization Program" (RSVP) as a condition of his incarceration. On appeal, Weaver argues that the RSVP requirement "was an illegal sentence" and that "the sentence should be reversed and a new order entered that does not include it." In response, the State concedes the error.
The judgment-and-commitment order must be modified to remove the requirement that Weaver participate in the RSVP as a condition of his incarceration. Requiring an inmate to participate in special programs such as RSVP as a condition of his or her incarceration is an illegal sentence. White v. State, 2012 Ark. 221, at 2-3, ___ S.W.3d ___, ___. And, an appellant may challenge an illegal sentence for the first time on appeal because it is an issue of subject-matter jurisdiction. Richie v. State, 2009 Ark. 602, at 4, 357 S.W.3d 909, 912. Accordingly, we modify Weaver's judgment-and-commitment order to remove the illegal portion of his sentence.
Affirmed as modified.
HARRISON and WOOD, JJ., agree.
Weber & Burns, PLLC, by: Jeffrey Weber, for appellant.
Dustin McDaniel, Att'y Gen., by: LeaAnn J. Adams, Ass't Att'y Gen., for appellee.