FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26CR-13-223]
HONORABLE MARCIA R. HEARNSBERGER, JUDGE
Montgomery, Adams & Wyatt, PLC, by: Dale E. Adams, for
Rutledge, Att'y Gen., by: Rachel Kemp, Ass't
Att'y Gen., for appellee.
M. GLOVER, Judge
September 9, 2014, Malcom Jalil Easley pled guilty to the
underlying offense of hindering apprehension or prosecution,
which is a Class B felony. He was sentenced to ten years in
the Arkansas Department of Correction, followed by ten
years' suspended imposition of sentence, and given credit
for 554 days of jail time served. On August 16, 2016, a
hearing was held on the State's petition to revoke
Easley's suspended imposition of sentence. Following the
hearing, the trial court entered an order revoking
Easley's suspended sentence, sentencing him to ten years
in the Arkansas Department of Correction, and giving him
credit for 299 days of jail time served. In this appeal, his
sole issue is that his ten-year sentence is illegal. We
was originally charged with aggravated robbery, first-degree
battery, and theft of property under $1000. On September 9,
2014, he entered his negotiated guilty plea to the offense of
hindering apprehension or prosecution. He was sentenced to a
total of twenty years-ten years in the Arkansas Department of
Correction followed by a ten-year suspended imposition of
sentence conditioned upon, among other things, not committing
a criminal offense punishable by imprisonment, not drinking
or possessing intoxicating or alcoholic beverages, not
associating with convicted felons or persons engaging in
criminal activity, and not owning or possessing or being in
the company of anyone owning or possessing any deadly weapon.
October 20, 2015, the State filed a petition to revoke; it
was amended on December 4, 2015. The State's amended
petition alleged Easley had violated the conditions of his
suspended sentence by committing the offense of second-degree
murder (by shooting the victim), associating with convicted
felons, and possessing/consuming alcoholic beverages.
revocation hearing, Detective Mark Fallis testified he was
employed with the Hot Springs Police Department on October 8,
2015, and assigned to investigate a homicide in which a white
male was lying in the street with gunshot wounds. The victim
was dead at the scene. He said the police focused on two
suspects, Malcom Easley and Terry Walston. Detective Fallis
testified he interviewed Easley, who ultimately told him that
he and the victim "had words, " that the victim
struck him, and that he pulled out a gun and shot him.
Detective Fallis stated he knew Easley was a convicted felon
at the time of the shooting; he did not recall Easley
mentioning his alcohol or drug use on the night in question;
and although Easley told him that he and Walston were hanging
out together on the night in question, Detective Fallis was
not sure if Walston was a convicted felon.
conclusion of Detective Fallis's testimony, the State
moved to verbally amend the revocation petition to add felon
in possession of a firearm as an additional violation of law.
With no objection, the trial court allowed the amendment, the
State rested, and Easley did not present a defense.
trial court found Easley had violated the conditions of his
suspended imposition of sentence by having a firearm in his
possession. The trial court then sentenced Easley to the
Arkansas Department of Correction for ten years for the
underlying offense of hindering apprehension or prosecution.
sole point of appeal, Easley contends the sentence he
received from the trial court is an illegal sentence. The
gist of his argument is included in these two paragraphs:
In Appellant's case, the statutory maximum for
imprisonment for Hindering Apprehension or Prosecution is
twenty (20) years imprisonment in the Arkansas Department of
Correction. On the finding of guilt for revocation, the trial
court had authority only to sentence Appellant to the
statutory maximum sentence of twenty (20) years less any term
of previous imprisonment imposed for that offense.
Appellant was originally sentenced by the trial court to ten
(10) years in the Arkansas Department of Correction with an
additional ten (10) years suspended on September 8, 2014.
Pursuant to the Sentencing Order entered on September 18,
2014, he was given credit for 554 days jail time spent
awaiting trial. This meant that his maximum penitentiary time
was approximately 3, 096 days. At the time the revocation
petition was filed by the State on October 20, 2015, the
amount of prison time to which Appellant could be sentenced
by the trial court would have been 2, 708 days or
approximately 90.3 months. Thus, the sentence of ten (10)
years imprisonment imposed by the trial court was an illegal
sentence, exceeding the statutory maximum time which could be
imposed for a Class B felony.
no basis to conclude that the ten-year sentence imposed by
the trial court is illegal. When a trial court revokes a
sentence of suspension or probation, it may impose any
sentence that might have been imposed originally for the
offense of which he was found guilty-provided that any
sentence of imprisonment, when combined with any previous
imprisonment imposed for the same offense, ...