Oscar Willingham v. State of Arkansas

Summary

The court held that Willingham's sentencing orders contained clerical errors concerning the classification and statutory basis of the theft conviction and the inclusion of habitual-offender charges that had been dismissed under the plea agreement. It also held that the consecutive suspended sentence for kidnapping was illegal because a suspended sentence for one charge may not run consecutively to imprisonment imposed for another charge, and the issue could be reached sua sponte as a subject-matter-jurisdiction matter. The court reversed and remanded for entry of a corrected sentencing order.