Michael L. Burgess, Appellant v. State of Arkansas, Appellee

Summary

The court held that it had jurisdiction to review Burgess’s challenge to the denial of jail-time credit because the issue arose after his guilty plea and was not integral to the plea’s acceptance. On the merits, the court held that neither the governing jail-time-credit statute nor the statute concerning subsequent probation revocations entitled Burgess to credit for the 120 days he served as a condition of probation. The circuit court’s denial of that credit was therefore affirmed. Justice Josephine Linker Hart, dissenting, would have awarded the 120 days’ credit because the statutory language covers custody resulting from the conduct underlying the later prison sentence and any ambiguity should be resolved in Burgess’s favor.