Supreme Court of Arkansas

Deon Markregus Neely v. State of Arkansas

November 18, 20102010 Ark. LEXIS 558

Summary

The court affirmed the firearm-enhancement portion of Neely’s sentence, holding that the firearm-enhancement statute was not repealed by implication when the Arkansas Criminal Code was enacted. The court reasoned that the two statutory schemes could be harmonized because one established punishment for the felony while the other authorized an additional enhancement. Hannah, C.J., dissenting, would have held that the statute was repealed and that the enhancement imposed an illegal sentence.