Calvin Stanley v. State of Arkansas , 2022 Ark. App. 298 ( 2022 )

Cite as 2022 Ark. App. 298ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-21-632
CALVIN STANLEY Opinion Delivered August 31, 2022
APPELLANT
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
V. [NO. 70CR-16-83]
STATE OF ARKANSAS HONORABLE ROBIN J. CARROLL,
APPELLEE JUDGE
AFFIRMED IN PART; REMANDED IN
PART
RAYMOND R. ABRAMSON, Judge
Calvin Stanley appeals from the Union County Circuit Court order revoking his
suspended sentence and sentencing him to twenty years’ imprisonment. On appeal, Stanley
argues the circuit court imposed an illegal sentence. The State concedes error. We affirm the
revocation, but we remand to correct the illegal sentence.
On June 20, 2017, Stanley pled guilty to driving while intoxicated, sixth offense, a
Class B felony. He was sentenced to ten years’ imprisonment with an additional five years’
suspended sentence.
On May 19, 2021, the State filed an amended petition to revoke Stanley’s suspended
sentence. The court held a revocation hearing on August 26. At the conclusion of the
hearing, the court revoked Stanley’s suspended sentence. The court initially sentenced
Stanley “to 12 years in the Department of Corrections.” Stanley’s counsel informed the
court, “I believe he already got sentenced to 10 years on that B felony. I believe only 10 years
[are] left. It’s a 20 years sentence is maximum [sic] and I believe he’s already done 10 on it.”
After discussions, the court concluded that “the sentence will be 20 years in the Department
of Corrections, with whatever time he’s credited to.” The sentencing order reflects twenty
years’ imprisonment. Stanley appealed the revocation to this court.
On appeal, Stanley does not challenge the revocation of his probation. He argues only
that his sentence of twenty years’ imprisonment is illegal. He asserts that on revocation, the
circuit court could sentence him to only ten years’ imprisonment because the court had
already sentenced him to ten years’ imprisonment when he pled guilty to the Class B felony.
The State concedes that the circuit court erred.
A sentence is illegal on its face when it exceeds the statutory maximum for the offense
for which the defendant was convicted. Price v. State, 2022 Ark. App. 104, 641 S.W.3d 76.
If a court revokes a suspension or probation, the court may enter a judgment of conviction
and may impose any sentence on the defendant that might have been imposed originally for
the offense of which he was found guilty. Ark. Code Ann. § 16-93-308(g)(1)(A) (Supp. 2021).
However, any sentence to pay a fine or of imprisonment, when combined with any previous
fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201
or § 5-4-401, or if applicable, § 5-4-501. Ark. Code Ann. § 16-93-308(g)(1)(B). Pursuant to
Arkansas Code Annotated section 5-4-401(a)(3) (Repl. 2013), the sentence shall not be less
than five years nor more than twenty years for a Class B felony.
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Accordingly, the parties are correct that Stanley could not be sentenced to more than
ten years’ imprisonment on the revocation of his suspended sentence because he had already
been sentenced to ten years’ imprisonment for the same Class B felony offense. We therefore
affirm Stanley’s revocation but remand the sentencing issue to the circuit court for correction
to a sentence of no more than ten years. See Price, 2022 Ark. App. 104, 641 S.W.3d 76.
Affirmed in part; remanded in part.
GLADWIN and VAUGHT, JJ., agree.
Andrew W. Best, for appellant.
Leslie Rutledge, Att’y Gen., by: Jacob H. Jones, Ass’t Att’y Gen., for appellee.
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