Dustin Dale Limbocker, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed revocation of Limbocker’s suspended imposition of sentence and his resulting seventy-two-month prison term. Although the original sentencing order improperly made the imprisonment and suspended sentence consecutive, the error made the sentence illegal in application rather than void, and the circuit court properly corrected it to run concurrently before completing the revocation proceedings. The court also concluded that Limbocker suffered no actual harm because his subsequent offenses occurred within the legally applicable suspension period and he did not challenge the basis for revocation. Justice Danielson, joined by Justice Hart, dissenting, would have held that the void sentence could not support revocation for conduct occurring before correction.