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Bailey v. State

Court of Appeals of Arkansas, Division II

January 30, 2019

JERMAINE BAILEY APPELLANT
v.
STATE OF ARKANSAS APPELLEE

          APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CR-15-491] HONORABLE ALEX GUYNN, JUDGE.

          James Law Firm, by: Michael Kiel Kaiser, Megan M. Wilson, and William O. "Bill" James, Jr., for appellant.

          Leslie Rutledge, Att'y Gen., by: Jason Michael Johnson, Ass't Att'y Gen., for appellee.

          PHILLIP T. WHITEAKER, JUDGE.

         Appellant 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.

         Bailey was arrested on a first-degree-murder charge on July 29, 2015.[1] 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.

         On March 29, 2016, Bailey was arrested on new charges of possession of crack with purpose to deliver and simultaneous possession of drugs and firearms.[2] Two days later, on March 31, the circuit court revoked Bailey's bond on the murder charge.

         On 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.

         The 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.[3] He was not entitled to credit for the 736 days he spent in detention after his bond was revoked.[4] 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.

         Bailey 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.

         The 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.

         On 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. ...


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