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Heard v. State

Court of Appeals of Arkansas, Division IV

December 3, 2014

CHARLES EARL HEARD, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE UNION COUNTY CIRCUIT COURT [NO. CR-2008-0678-1-1] HONORABLE HAMILTON H. SINGLETON, JUDGE

N. Mark Klappenbach, for appellant.

Dustin McDaniel, Att'y Gen., by: Vada Berger, Ass't Att'y Gen., for appellee.

ROBERT J. GLADWIN, Chief Judge

Appellant Charles Heard's suspended imposition of sentence was revoked, and he was sentenced to twelve years' imprisonment by the Union County Circuit Court. On appeal, he claims that the sentence imposed was illegal because it was in excess of that allowed by law. We affirm and remand for correction of the record.

On August 18, 2009, a second-amended judgment-and-commitment order was filed in the Union County Circuit Court reflecting that appellant pled guilty to the offense of failure to register-failure to comply with reporting requirements. He was sentenced to thirty-six months' incarceration with a suspended imposition of sentence of 120 months. The order does not reflect that appellant had been sentenced as a habitual offender. However, the following excerpt of appellant's guilty-plea colloquy with the circuit court on June 23, 2009, states as follows:

Appellant's Counsel: You don't contest that, do you Mr. Heard? That you have at least four prior felony convictions?
Appellant: [nodding]
The Court: The penalty range is from three to ten [years]?
Prosecutor: Yes, your Honor.
The Court: Three years in the ADC, credit for time served and ten years' SIS upon release. And, then I guess just the normal costs?
Appellant's Counsel: Yes, the normal costs and attorney's fees.
The Court: I notice the plea statement ...

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