Supreme Court of Arkansas

Frederick Pennington, Jr., Appellant v. State of Arkansas, Appellee

November 2, 20172017 Ark. LEXIS 268

Summary

The court affirmed the resentencing order permitting the sentence in one case to run consecutively to sentences in two related cases. Because the original sentences were invalid and had been reversed and remanded for resentencing, the circuit court could impose any punishment that was lawful when the offenses were committed, including consecutive sentences. Justice Hart, concurring, would affirm on preservation and facial-illegality grounds because Pennington did not raise the jurisdictional argument below.