Walden v. State

2014 Ark. 193, 433 S.W.3d 864, 2014 WL 1716761, 2014 Ark. LEXIS 272
Supreme Court of Arkansas·Decided May 1, 2014·No. CR-13-643·Published·Cited by 41 cases

Opinion

COURTNEY HUDSON GOODSON, Justice.

|,Appellant Blake Walden appeals a probation-revocation order from the Sebastian County Circuit Court sentencing him to a term of fourteen years in the Arkansas Department of Correction plus eight years’ suspended imposition of sentence, to run consecutively. On appeal, Walden contends that the fourteen-year sentence imposed upon his revocation is illegal because (1) upon revocation, the circuit court imposed a sentence in excess of the originally imposed suspended sentence; and, (2) the circuit court improperly imposed multiple suspended sentences to run consecutively, despite the fact that his original suspended sentences ran concurrently. In short, Walden contends that the maximum sentence available upon his revocation was eight years’ imprisonment with the two suspended sentences to run concurrently to that term, as opposed to the fourteen-year imprisonment followed by two consecutive terms of suspended sentences imposed by the circuit court. He requests that this court correct his sentence by reducing it to a term of no more than eight years. The court of appeals recommended this case for certification to this court on the basis that it presented an issue of substantial public interest and a legal principle of major importance. This | {.court accepted certification, and our jurisdiction is proper pursuant to Arkansas Supreme Court Rule 4-2(d)(2). We affirm the fourteen-year term of imprisonment and modify the two suspended sentences to run concurrently with each other and with the term of imprisonment.

Walden’s original sentences stem from three difference cases, CR2004-087, a felony hot-check conviction; CR2004-088, a second-degree forgery conviction; and CR2012-470, a possession of drug paraphernalia conviction. In the felony hot-check case and the second-degree forgery case, the trial court sentenced Walden to thirty-six months’ imprisonment with an additional forty-eight months’ suspended imposition of sentence. 1 In June 2010, Walden’s suspended sentences were revoked for these two cases. Upon revocation, he was sentenced to serve an additional thirty-six months’ imprisonment on the hot-check case and an additional forty-eight months’ suspended imposition of sentence on the second-degree forgery case. Then, in 2012, Walden was sentenced to twenty-four months’ imprisonment with forty-eight months’ suspended imposition of sentence for possession of drug paraphernalia in CR2012-470.

On April 23, 2013, the State filed a petition to revoke Walden’s suspended sentences from all three previous convictions. 2 In the revocation petition, the State contended that IsWalden was subject to maximum sentences totaling twenty-two years’ imprisonment. The circuit court revoked Walden’s suspended sentences on each charge and imposed a sentence of fourteen years’ imprisonment for the felony hot-check charge with two additional suspended sentences of forty-eight months to run consecutively to the term of imprisonment and to each other. In total, Walden was sentenced to fourteen years’ imprisonment with an additional eight years’ suspended imposition of sentence beginning after the term of imprisonment ended.

This court views an issue of a void or illegal sentence as being an issue of subject-matter jurisdiction, in that it cannot be waived by the parties and may be addressed for the first time on appeal. State v. Webb, 373 Ark. 65, 281 S.W.3d 273 (2008) (citing Thomas v. State, 349 Ark. 447, 79 S.W.3d 347 (2002); Bangs v. State, 310 Ark. 235, 835 S.W.2d 294 (1992)). A sentence is void or illegal when the circuit judge lacks the authority to impose it. Cross v. State, 2009 Ark. 597, 357 S.W.3d 895. If we hold that a trial court’s sentence was illegal and that the error had nothing to do with guilt, but only with the illegal sentence, we can correct the sentence in lieu of remanding. Harness v. State, 352 Ark. 335, 101 S.W.3d 235 (2003).

In Arkansas, sentencing is entirely a matter of statute. Donaldson v. State, 370 Ark. 3, 257 S.W.3d 74 (2007) (citing Ark. Code Ann. § 5-4-104(a) (Repl.2013) (“No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.”)). In stating this general rule, this court has consistently held that sentencing shall not be other than in accordance with the statute in effect at the time of the commission of the crime. Sullivan v. State, 366 Ark. 183, 234 S.W.3d 285 (2006).

Although Walden did not raise his argument that the sentence imposed upon revocation was illegal below, this failure is not a procedural bar to our review of his sentence because an appellant can challenge an illegal sentence for the first time on appeal. For purposes of appellate review, the issue of an illegal sentence is not solely whether it is within the prescribed statutory range, but whether the trial court had authority to impose the sentence. Donaldson, supra.

Walden contends that the circuit court’s fourteen-year sentence is illegal because he was only subject to a maximum sentence of eight years based on the suspended sentences he had received in his prior revocation. In addition, Walden contends that, based on the circuit court’s originally imposed suspended imposition of sentence, the maximum sentence he could receive upon revocation for the possession of drug paraphernalia charge was forty-eight months. Combining the suspended sentences for all three charges, Walden asserts that he is subject to a maximum sentence of eight years upon revocation. In contrast, the State contends that Walden was subject to a maximum sentence of twenty-two years based on the maximum sentences available for Walden’s three pri- or convictions and after subtracting the time Walden previously served in the Arkansas Department of Correction.

As we have already mentioned, Walden pled guilty to a felony hot-check charge and a second-degree forgery charge based on crimes that occurred in 2003. Therefore, Act 1569 of 1999 was in effect at the time Walden committed these two crimes. Act 1569 amended Arkansas Code Annotated section 5-4-301 (d) to add a new subsection (d)(2), which at that Ifitime provided:

(d)(1) When the court suspends the imposition of sentence on a defendant or places him on probation, the court shall enter a judgment of conviction only if:
(A) It sentences the defendant to pay a fine and suspends imposition of sentence as to imprisonment or places the defendant on probation; or
(B) It sentences the defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment.
(2) The entry of a judgment of conviction shall not preclude:

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

Walden v. State, 2014 Ark. 193, 433 S.W.3d 864, 2014 WL 1716761, 2014 Ark. LEXIS 272 (Ark. 2014).

2014 Ark. 193 (Walden v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Owen Watson v. State of Arkansas
Supreme Court of Arkansas, 2026
Frederick Henderson v. State of Arkansas
2026 Ark. App. 39 (Court of Appeals of Arkansas, 2026)
Christopher Lee Perdue v. State of Arkansas
2025 Ark. App. 240 (Court of Appeals of Arkansas, 2025)
Bryant Smith v. State of Arkansas
2025 Ark. 26 (Supreme Court of Arkansas, 2025)
John Malone v. State of Arkansas
2025 Ark. App. 83 (Court of Appeals of Arkansas, 2025)
Jamar Conic v. State of Arkansas
2023 Ark. App. 145 (Court of Appeals of Arkansas, 2023)
Thomas Hartley v. State of Arkansas
2022 Ark. 197 (Supreme Court of Arkansas, 2022)
Taylor Miller v. State of Arkansas
2022 Ark. App. 352 (Court of Appeals of Arkansas, 2022)
Brittnie Renee Lee v. State of Arkansas
2022 Ark. App. 336 (Court of Appeals of Arkansas, 2022)
Robert Smith III v. State of Arkansas
2022 Ark. 95 (Supreme Court of Arkansas, 2022)
Erica Kirby v. State of Arkansas
2022 Ark. App. 71 (Court of Appeals of Arkansas, 2022)
Oscar Willingham v. State of Arkansas
2021 Ark. 177 (Supreme Court of Arkansas, 2021)
Bismillah Rahim Muhammad v. State of Arkansas
2021 Ark. 129 (Supreme Court of Arkansas, 2021)
Gary Conley v. State of Arkansas
2021 Ark. App. 57 (Court of Appeals of Arkansas, 2021)
Andwelle Sieed Ellis v. State of Arkansas
2019 Ark. 286 (Supreme Court of Arkansas, 2019)
Wilson v. State
2019 Ark. App. 7 (Court of Appeals of Arkansas, 2019)
McElroy v. State
553 S.W.3d 182 (Court of Appeals of Arkansas, 2018)
Dodds v. State
543 S.W.3d 513 (Court of Appeals of Arkansas, 2018)
Bell v. State
2017 Ark. 231 (Supreme Court of Arkansas, 2017)
Von Holt v. State
2017 Ark. App. 314 (Court of Appeals of Arkansas, 2017)