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 or sentencing procedure. On the merits, the court held that neither the statute governing credit for custody resulting in imprisonment or probationary confinement nor the statute governing credit after an original probation revocation entitled Burgess to credit for the 120 days he served as a condition of probation. Justice Hart, joined by Justice Baker, dissented, reasoning that the governing statute entitled Burgess to the credit and that any ambiguity should have been resolved in his favor.