FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTH DIVISION [NO.
CR 11-3380] HONORABLE BARRY SIMS, JUDGE APPEAL DISMISSED
Colleen A. Barnhill, Deputy Public Defender, by: Clint
Miller, Deputy Public Defender, for appellant.
Rutledge, Att’y Gen., by: Brooke Jackson, Ass’t
Att’y Gen., for appellee.
Saylors appeals the Pulaski County Circuit Court's denial
of his request for jail-time credit against his sentence of
imprisonment. On appeal, he argues that he is entitled to
"shock incarceration" jail-time sentencing credit
pursuant to Arkansas Code Annotated section 5-4-404 (Repl.
2013). Because we do not allow appeals from a guilty plea, we
must dismiss this appeal.
was charged by information with aggravated assault on a
family or household member and terroistic threatening in the
first degree. On November 21, 2011, appellant pleaded guilty
and was placed on probation for 5 years and incarcerated for
120 days in the county jail with 73 days' jail credit as
a condition of his probation. After a petition for revocation
was filed on October 9, 2012, appellant pleaded guilty to
violating the terms and conditions of his probation on
November 30, 2012, and he was placed on probation for 52
months with 5 days' jail credit. The State filed a
subsequent petition for revocation on May 19, 2015, and a
hearing was held on June 25, 2015.
hearing, appellant indicated that he was pleading guilty;
however, his counsel argued that he was entitled to 125
days' jail credit over the State's objection. After
hearing oral argument on the issue, the circuit court agreed
with the State and found that appellant was entitled to only
5 days' jail credit. The circuit court subsequently
inquired whether appellant still wished to plead guilty after
its jail-credit ruling or whether he wished to instead
proceed with a revocation hearing. Appellant pleaded guilty
and was sentenced to serve 36 months' imprisonment with 5
days' jail credit. This appeal followed.
sole point on appeal, appellant argues that the circuit court
erred in denying him jail-time-sentencing credit for the time
he served in the county jail as a condition of his probation
imposed on November 21, 2011, pursuant to Arkansas Code
Annotated section 5-4-404. However, before reaching the
merits of appellant's argument, we must first decide
whether his case falls within an exception to the general
rule that a defendant cannot appeal from a plea of guilty.
Ark. R. App. P.–Crim. 1 (2015). As our supreme court
recently explained in Burgess, there are three
exceptions to the general rule. Burgess v. State,
2016 Ark. 175, S.W.3d . First, Arkansas Rule of Criminal
Procedure 24.3(b) (2015) states that a defendant may enter a
conditional plea of guilty, reserving in writing the right to
appeal from the judgment on three grounds, none of which are
applicable here. Id. Second, a plea of guilty may be
appealed when there is a challenge to testimony or evidence
presented in a sentencing hearing separate from the plea
itself. Id. Finally, appeals from posttrial motions
challenging the validity and legality of the sentence itself
are appealable. Id.
case is analogous to our decision in Kennedy,
wherein a defendant requested jail-time credit at his plea
hearing before pleading guilty. See Kennedy v.
State, 2013 Ark.App. 140. In Kennedy, we
Appellant's appeal does not fall within any of the
exceptions allowing an appeal from a guilty plea. He did not
enter a conditional plea; the court did not hold a separate
hearing for taking appellant's plea and sentencing him;
and appellant did not file a posttrial motion to modify his
sentence. Unlike the defendant in Jones [v.
State, 301 Ark. 510, 785 S.W.2d 217 (1990)], the
jail-time-credit case in which the supreme court allowed an
appeal from a guilty plea, appellant did not file a posttrial
motion to modify his sentence. Rather, he requested jail-time
credit at the beginning of his plea hearing. After discussion
of the issue and a ruling by the judge from the bench that he
was denying appellant's request for the additional
jail-time credit, the court continued with the plea hearing,
and appellant pleaded guilty in all four cases. This is not
an appeal from the decision on a posttrial motion. The denial
of jail-time credit was an integral part of the acceptance of
appellant's guilty plea.
Kennedy, 2013 Ark.App. 140, at 3–4.
Kennedy, appellant did not file a posttrial motion
to modify his sentence. Rather, he requested jail-time credit
at his plea hearing. After discussion of the issue and a
ruling by the circuit court from the bench that it was
denying appellant's request for the additional jail-time
credit, the circuit court continued with the plea hearing,
and appellant pleaded guilty. Thus, the denial of jail-time
credit was an integral part of the acceptance of
appellant's guilty plea, and we must dismiss this appeal.