Supreme Court of Arkansas

Michael L. Burgess, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

April 21, 20162016 Ark. LEXIS 147

Summary

Justice Hart's dissent would interpret the custody-credit statute to require credit for 120 days Burgess spent in custody before his revocation sentence. She reasoned that the majority improperly added a pretrial limitation to the statute and, after finding ambiguity, failed to apply the rule of lenity. Justice Baker joined the dissent.