Supreme Court of Arkansas

Chariell Ali Glaze v. State of Arkansas

November 3, 20112011 Ark. LEXIS 550

Summary

The court affirmed the rulings allowing the State to amend the felony information to allege habitual-offender status and permitting the amendment on the morning of trial. It held that the older habitual-offender sentencing statute had been repealed by implication because the later Criminal Code statute comprehensively addressed the same subject and prescribed conflicting sentencing ranges. The court therefore reversed and remanded for resentencing under the Criminal Code provision. Justice Baker, concurring in part and dissenting in part, would have affirmed the sentence because it was authorized under either statute and the instructional challenge was unpreserved; Justice Brown concurred while urging a comprehensive review of the criminal code.