Supreme Court of Arkansas
Marcus Terrell Atkins, Appellant v. State of Arkansas, Appellee
September 25, 20142014 Ark. LEXIS 496
Summary
The court affirmed dismissal of Atkins’s petition seeking correction of a fifteen-year firearm-enhancement sentence. It held that his ineffective-assistance claim was previously raised and, in any event, could not be brought under the statutory sentence-correction procedure; his challenge to the trial court’s failure to submit sentencing to the jury was also an un cognizable trial-error claim. The court further held that the sentence was not illegal because it was within the statutory maximum.