Supreme Court of Arkansas

Matthew Esry, Appellant v. State of Arkansas, Appellee

December 18, 20142014 Ark. LEXIS 667

Summary

The court held that appellant’s ninety-six-month sentence for second-degree battery was not illegal because it did not exceed the statutory maximum applicable to a habitual offender convicted of a Class D felony. The omission of habitual-offender status from the judgment-and-commitment order was a clerical error rather than an illegal sentence. The denial of post-conviction relief was affirmed, but the case was remanded for entry of a corrected judgment reflecting habitual-offender sentencing.