FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CR-15-491]
HONORABLE ALEX GUYNN, JUDGE.
Law Firm, by: Michael Kiel Kaiser, Megan M. Wilson, and
William O. "Bill" James, Jr., for appellant.
Rutledge, Att'y Gen., by: Jason Michael Johnson,
Ass't Att'y Gen., for appellee.
PHILLIP T. WHITEAKER, JUDGE.
Jermaine Bailey pled guilty to one count of second-degree
murder and to one count of possession with intent to deliver.
He appeals the Jefferson County Circuit Court's
allocation of jail-time credit between his
second-degree-murder conviction and his conviction for
possession of a controlled substance with intent to deliver,
claiming that the circuit court improperly applied the credit
to his possession conviction instead of his murder
conviction. We affirm.
was arrested on a first-degree-murder charge on July 29,
2015. He was held continuously on this charge
from the date of his arrest until December 1, 2015, when he
was released on a $250, 000 bond.
March 29, 2016, Bailey was arrested on new charges of
possession of crack with purpose to deliver and simultaneous
possession of drugs and firearms. Two days later, on March 31,
the circuit court revoked Bailey's bond on the murder
April 5, 2018, Bailey entered plea agreements in both cases.
In exchange for pleading guilty to second-degree murder and
possession with intent to deliver, the State dropped the
simultaneous-possession-of-drugs-and-firearms charge, and
Bailey received a sentencing recommendation of twelve years
on the murder charge and a sentencing recommendation of ten
years on the possession charge. Bailey and the State did not
enter into any agreement concerning an award of jail-time
credit. They both agreed that Bailey was entitled to
jail-time credit from July 29 through December 1, 2015,
against his 12-year sentence on his murder conviction. They
also both agreed that Bailey was entitled to jail-time credit
from March 29, 2016, through April 5, 2018. They disagreed,
however, as to which sentence of incarceration that portion
of jail-time credit should apply.
State took the position that, with respect to his sentence on
the murder conviction, Bailey was entitled to credit for only
the 123 days he served in pretrial detention before he was
released on bond. He was not entitled to credit for the 736
days he spent in detention after his bond was
revoked. The State posited that because
Bailey's bond was revoked as a result of his arrest on
unrelated charges, that time period should be credited to his
subsequent possession conviction, not his murder conviction.
disagreed. He contended that he was entitled to have not only
the 123 days of jail-time credit for detention prior to being
released on bond applied to his murder conviction but also
the 736 days of jail-time credit for time served after his
bond was revoked.
trial court agreed with the State and entered an order
granting Bailey only 123 days of jail-time credit against his
twelve-year sentence on his murder conviction and denying
Bailey's motion for an additional 736 days of jail-time
credit against that conviction. Bailey appeals.
appeal, Bailey argues that the trial court misapplied
Arkansas Code Annotated section 5-4-404 (Repl. 2013). This
statute entitled "Credit for time spent in custody"
reads as follows:
If a defendant is held in custody for conduct that
results in a sentence to imprisonment or confinement as
a condition of suspension or probation, the court,
the Department of Correction, or the Department of Community
Correction shall credit the time spent in custody against
the sentence, including time spent in a local jail
facility awaiting transfer to the Department of Correction or
the Department of Community Correction.
Id. (emphasis added). The statute itself provides
only that the defendant is entitled to credit; it does not
provide any guidance as to how the jail-time credit should be
allocated when it is attributable to multiple convictions.