Michael Hunter v. Dexter Payne, Director, Arkansas Department of Correction

2023 Ark. 79, 666 S.W.3d 76
CourtSupreme Court of Arkansas
DecidedMay 11, 2023
StatusPublished
Cited by3 cases

This text of 2023 Ark. 79 (Michael Hunter v. Dexter Payne, Director, Arkansas Department of Correction) 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
Michael Hunter v. Dexter Payne, Director, Arkansas Department of Correction, 2023 Ark. 79, 666 S.W.3d 76 (Ark. 2023).

Opinion

Cite as 2023 Ark. 79 SUPREME COURT OF ARKANSAS No. CV-22-697

Opinion Delivered: May 11, 2023 MICHAEL HUNTER APPELLANT PRO SE APPEAL FROM THE CHICOT COUNTY CIRCUIT COURT; MOTION V. TO AMEND REPLY BRIEF [NO. 09CV-22-34]

DEXTER PAYNE, DIRECTOR, HONORABLE ROBERT B. GIBSON III, ARKANSAS DEPARTMENT OF JUDGE CORRECTION APPELLEE AFFIRMED; MOTION DENIED.

COURTNEY RAE HUDSON, Associate Justice

Appellant, Michael Hunter, appeals the Chicot County Circuit Court’s order denying

his petition for writ of habeas corpus. For reversal, Hunter argues that the circuit court erred

because (1) his sentence exceeded the statutory maximum, and (2) the statute of limitations had

expired on the primary offense underlying his conviction for engaging in a continuing criminal

enterprise. We affirm the circuit court’s order and deny Hunter’s motion to amend his reply

brief.

On March 21, 2013, the State charged Hunter with engaging in a continuing criminal

enterprise for having violated a felony provision of the Uniform Controlled Substances Act––

namely, delivery of a controlled substance, cocaine––as part of a continuing series of two or

more felony offenses––namely, delivery of cocaine and delivery of methamphetamine. On April 8, 2014, the State amended the information, broadening the time frame of the offenses, and

charged Hunter with engaging in a continuing criminal enterprise for having violated a provision

of the Uniform Controlled Substances Act––namely, delivery of a controlled substance, cocaine

and methamphetamine––as part of a continuing series of two or more felony offenses––namely,

delivery of cocaine and delivery of methamphetamine. Following a bench trial, Hunter was

convicted of one count of engaging in a continuing criminal enterprise. He was sentenced as a

habitual offender to an aggregate term of 840 months’ imprisonment and 120 months’

suspended imposition of sentence (SIS). Hunter appealed, and the court of appeals affirmed as

modified, remanding the matter for the trial court to correct the sentencing order to impose an

aggregate sentence of 840 months’ imprisonment, remove the offense titled “habitual offender”

as a separate offense, and strike the 120 months’ SIS.1 Hunter v. State, 2017 Ark. App. 256, 522

S.W.3d 793.

On April 12, 2022, Hunter filed a petition for writ of habeas corpus in the county of his

incarceration pursuant to Arkansas Code Annotated sections 16-112-101 to -123 (Repl. 2016).

Hunter alleged in the petition that the trial court lacked jurisdiction to sentence him because

his sentence exceeded the maximum authorized by Arkansas Code Annotated section 5-64-422

(Supp. 2011) and that the “statute of limitations” had expired regarding the primary offense

when the State “widen[ed] the dates” of the offenses charging him with the offense of engaging

1 An amended sentencing order was entered in June 2017.

2 in a continuing criminal enterprise. On August 5, 2022, the circuit court denied the petition.

Hunter filed a timely appeal.

A writ of habeas corpus is proper when a judgment and commitment order is invalid on

its face or when a trial court lacked jurisdiction over the case. Myers v. Payne, 2022 Ark. 156.

Jurisdiction is the power of the court to hear and determine the subject matter in controversy.

Finney v. Kelley, 2020 Ark. 145, 598 S.W.3d 26. When the trial court has personal jurisdiction

over the appellant and also has jurisdiction over the subject matter, the court has authority to

render the judgment. Id.

A petitioner who does not allege his or her actual innocence and proceed under Act 1780

of 2001 must plead either the facial invalidity of the judgment or the lack of jurisdiction by the

trial court and make a showing, by affidavit or other evidence, of probable cause to believe that

he or she is being illegally detained. Ark. Code Ann. § 16-112-103(a)(1) (Repl. 2016).

Proceedings for the writ are not intended to require an extensive review of the record of the trial

proceedings, and the circuit court’s inquiry into the validity of the judgment is limited to the

face of the commitment order. Jones v. Kelley, 2020 Ark. 290. Unless the petitioner can show

that the trial court lacked jurisdiction or that the commitment order was invalid on its face,

there is no basis for a finding that a writ of habeas corpus should issue. Fields v. Hobbs, 2013 Ark.

416.

A circuit court’s decision on a petition for writ of habeas corpus will be upheld unless it

is clearly erroneous. Hobbs v. Gordon, 2014 Ark. 225, 434 S.W.3d 364. A decision is clearly

3 erroneous when, although there is evidence to support it, the appellate court, after reviewing the

entire evidence, is left with the definite and firm conviction that a mistake has been made. Ratliff

v. Kelley, 2018 Ark. 105, 541 S.W.3d 408.

On appeal, Hunter first argues, as he did below, that Act 570 of 2011 reduced the penalty

for most drug offenses, and as a result, he was sentenced to an excessive term of 840 months’

imprisonment for the 2007 alleged delivery of a controlled substance as the primary underlying

offense for engaging in a continuing criminal enterprise.2 Specifically, he contends that delivery

of a controlled substance under Arkansas Code Annotated section 5-64-422 is a Class C felony

subject to a sentence of 3 to 10 years, not 70 years or 840 months. Hunter’s claim does not

warrant habeas relief.

The first element to establish engaging in a continuing criminal enterprise pursuant to

Arkansas Code Annotated section 5-64-405 (Supp. 2013) is that Hunter committed a felony

under the Uniform Controlled Substances Act. See Hughey v. State, 310 Ark. 721, 840 S.W.2d

183 (1992). The statute in effect in 2007 when the delivery of methamphetamine was alleged to

have occurred was Arkansas Code Annotated section 5-64-401 (Supp. 2007), and delivery of less

than 28 grams of methamphetamine was classified as a Class Y felony for “any purpose other

than disposition.” Ark. Code Ann. § 5-64-401(a)(1)(A). Under the statute in effect when the

primary underlying offense was committed, the sentencing range for delivery of

2 Hunter engaged in criminal acts occurring between 2006 and 2013, which resulted in his conviction for engaging in a continuing criminal enterprise.

4 methamphetamine was ten to forty years, or life. See Ark. Code Ann. § 5-64-401 (repealed 2011);

see also Harris v. State, 2018 Ark. 179, at 12, 547 S.W.3d 64, 70 (“[T]his court has consistently

held that sentencing shall be in accordance with the statute in effect at the time of the

commission of the offense.”); State v. O’Quinn, 2013 Ark. 219, 427 S.W.3d 668. Under Arkansas

Code Annotated section 5-64-405(b)(1), Hunter would be imprisoned for up to two times the

term allowed for the primary (a)(1) offense—the 2007 Class Y delivery of methamphetamine.

Hunter was sentenced to 840 months’ or 70 years’ imprisonment—a term well within two times

the maximum of forty years’ or 960 months’ imprisonment. In habeas proceedings, an illegal

sentence is one that exceeds the statutory maximum. Grant v. Payne, 2022 Ark. 71. Hunter’s

sentence is well within the statutory limits and is not illegal.

For his second argument, Hunter contends that the trial court lacked jurisdiction to

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2023 Ark. 79, 666 S.W.3d 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-hunter-v-dexter-payne-director-arkansas-department-of-correction-ark-2023.