Supreme Court of Arkansas

Hart v. State

May 29, 20142014 Ark. 250

Summary

The court held that the child-presence sentencing enhancement did not authorize an additional sentence for manslaughter because the statute expressly referenced only certain homicide offenses. It therefore affirmed the manslaughter and firearm-enhancement sentences but struck the unauthorized ten-year child-presence enhancement. The court applied de novo review and strict construction of criminal statutes, resolving statutory doubt in favor of the defendant.