Supreme Court of Arkansas

Frederick Pennington, Jr., Appellant v. State of Arkansas, Appellee — Hart, J., Concurring

November 2, 20172017 Ark. LEXIS 268

Summary

Justice Hart concurred in affirming because Pennington failed to preserve the jurisdictional sentencing argument he raised on appeal. She reasoned that the argument was also foreclosed by the law-of-the-case doctrine because the court had previously determined that his original sentence was invalid, and that the new sentences were not facially illegal. She further observed that Pennington's negotiated-plea and benefit-of-the-bargain arguments were not before the court.