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

Summary

The court affirmed the resentencing orders, holding that the circuit court could make the sentences consecutive because the original sentences were invalid and had been reversed and remanded for resentencing. On remand, the court could impose any sentence lawfully available when the crimes were committed, including consecutive sentences, and the resulting sentence was not vindictive because it was reduced from life imprisonment to a seventy-year term. Justice Hart, concurring, would affirm on preservation and law-of-the-case grounds and would not reach the broader authority issue.