Deon Markregus Neely v. State of Arkansas — Hannah, J., Dissenting

Summary

The dissent would reject the use of section 16-90-120 because the provision was repealed when a later criminal code replaced the earlier firearm-enhancement statutes and it was never reenacted. It further concludes that the provision imposes a sentence, not merely an enhancement, and therefore conflicts with the requirement that criminal sentences comply with chapter five. The dissent argues that legislative intent and later legislative inaction cannot authorize the court to enforce a nonexistent statute.