Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Montgomery v. State

Court of Appeals of Arkansas, Division IV

September 18, 2019

Roderick MONTGOMERY, Appellant
v.
STATE of Arkansas, Appellee

Page 189

[Copyrighted Material Omitted]

Page 190

[Copyrighted Material Omitted]

Page 191

          APPEAL FROM THE ASHLEY COUNTY CIRCUIT COURT [NO. 02CR-17-132], HONORABLE SAM POPE, JUDGE

         Ben Motal, for appellant.

         Leslie Rutledge, Att’y Gen., by: Michael A. Hylden, Ass’t Att’y Gen., for appellee.

         OPINION

         RITA W. GRUBER, Chief Judge

          This is a companion case to Montgomery v. State, 2019 Ark.App. 377, 2019 WL 4580957 (case No. CR-18-508), also handed down today. Both cases have returned to us after rebriefing. See Montgomery v. State, 2019 Ark.App. 127, 2019 WL 947995; Montgomery v. State, 2019 Ark.App. 128, 2019 WL 948071. Roderick Montgomery pleaded guilty to four crimes in case No. CR-18-508 for events that occurred in Drew County and pleaded guilty to three crimes in this case for events that occurred in Ashley County. Both counties are located within the Tenth Judicial District. With appellant’s consent, the court held one sentencing hearing for all seven convictions. He brings four points on appeal alleging errors in the sentencing hearing.[1] We affirm his convictions.

          Appellant pleaded guilty in the Ashley County Circuit Court to two counts of delivery of methamphetamine, Class C felonies, and one count of delivery of methamphetamine, a Class B felony. After conducting the sentencing hearing before a jury, the court entered a sentencing order in accordance with the jury’s verdict, sentencing appellant to three years’ imprisonment on each of the Class C felony-methamphetamine convictions and ten years’ imprisonment on the Class B felony-methamphetamine conviction, all to run consecutively to each other.

          The convictions in the two cases arose out of an undercover investigation in which officer Jason Akers, an agent with the Tenth Judicial District Drug Task Force, arranged various drug buys from appellant during June 2017 in Ashley and Drew Counties. These purchases were arranged

Page 192

though calls and text messages between Officer Akers’s cell phone and a cell phone used by appellant. The investigation resulted in his being charged in Drew County with five counts: (1) delivery of methamphetamine, a Class B felony; (2) possession of a defaced firearm, a Class D felony; (3) simultaneous possession of drugs and firearms, a Class Y felony; (4) possession of a firearm by a felon while in the commission of a new offense, a Class B felony; and (5) use of a communication device in the commission of a drug offense, a Class C felony. He was charged with seven counts in Ashley County: (1) two counts of delivery of methamphetamine, a Class C felony; (2) two counts of delivery of marijuana, a misdemeanor; (3) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.