Curry v. State

Supreme Court of Arkansas

Curry v. State

634 S.W.2d 139, 276 Ark. 312, 1982 Ark. LEXIS 1410

CourtSupreme Court of Arkansas

DecidedJune 7, 1982

DocketCR 80-142

StatusPublished

Cited by1 cases

This text of 634 S.W.2d 139 (Curry v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curry v. State, 634 S.W.2d 139, 276 Ark. 312, 1982 Ark. LEXIS 1410 (Ark. 1982).

Pincite

Opinion

Per Curiam.

Petitioner Merril Lee Curry was convicted of murder in the first degree in February 1978 and sentenced to life imprisonment in the Arkansas Department of Correction. We affirmed. Curry v. State, 272 Ark. 291, 613 S.W.2d 829 (1981). This Court later denied petitioner’s petition for postconviction relief pursuant to Arkansas Criminal Procedure Rule 37. Curry v. State (not designated for publication, March 8,1982). She has now filed a petition for credit for the time spent in jail prior to trial.

In the absence of any showing to the contrary, it will be presumed that a sentence is pronounced according to the statutes. Coleman v. State, 257 Ark. 538, 518 S.W.2d 487 (1975). Petitioner does not allege, and it does not appear from the face of the record, that the trial court did not afford her the opportunity to ask for credit for jail time prior to sentencing.

Postconviction relief is not available to an accused who could have asserted the ground of her collateral attack in the trial court before sentence was pronounced but did not. Coleman, supra.

Furthermore, there is no way to credit jail time against a life sentence since a life sentence is for the natural life of the person. Campbell v. State, 265 Ark. 77, 576 S.W.2d 938 (1979).

Motion denied.

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