Roderick Montgomery v. State of Arkansas

2019 Ark. App. 377

Opinion

Cite as 2019 Ark. App. 377 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-18-508

Opinion Delivered: September 18, 2019 RODERICK MONTGOMERY APPELLANT APPEAL FROM THE DREW COUNTY V. CIRCUIT COURT [NO. 02CR-17-121] STATE OF ARKANSAS APPELLEE HONORABLE SAM POPE, JUDGE

AFFIRMED

RITA W. GRUBER, Chief Judge

This is a companion case to Montgomery v. State, 2019 Ark. App 376 (case No. CR-

18-500) also handed down today.1 In the present case, Roderick Montgomery pleaded

guilty in the Drew County Circuit Court to delivery of methamphetamine, a Class B

felony; possession of a defaced firearm, a Class D felony; possession of a firearm by a felon

while in the commission of a new offense, a Class B felony; and use of a communication

device in the commission of a drug offense, a Class C felony. In the companion case

occurring in Ashley County, appellant pleaded guilty to two counts of delivery of

methamphetamine, Class C felonies, and one count of delivery of methamphetamine, a

Class B felony. Both counties are located within the Tenth Judicial District.

1 It is back after rebriefing. See Montgomery v. State, 2019 Ark. App. 128. With appellant’s consent, the court held one sentencing hearing for all seven

convictions. In this case, the court entered a sentencing order in accordance with the jury’s

verdict sentencing appellant to ten years’ imprisonment on the methamphetamine

conviction; six years’ imprisonment on the defaced-firearm conviction; fifteen years’

imprisonment on the possession-of-a-firearm conviction; and three years’ imprisonment on

the communication-device conviction. The sentences were to run consecutively except for

the three-year sentence for use of a communication device. Appellant brings four points on

appeal alleging errors in the sentencing hearing. Because these points are identical to the

points raised in Montgomery v. State, 2019 Ark. App. ___, we affirm for the reasons set forth

in that opinion, also handed down today.

Affirmed.

HARRISON and MURPHY, JJ., agree.

Ben Motal, for appellant.

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