State v. Grisby, 370 Ark. 66

Summary

The Arkansas Supreme Court considered whether a circuit court could modify the sentencing terms of a negotiated plea agreement after accepting the plea but before entering the judgment and commitment order. The court held that the State’s separation-of-powers argument was not preserved because it had not been raised below, and that the procedural argument made below was abandoned on appeal. The court affirmed the circuit court’s resentencing order.

Holdings

1. The State did not preserve its separation-of-powers argument because it did not present that constitutional argument to the circuit court.
2. The court could not consider the State's argument that the circuit court violated the criminal-procedure rules because the State made that argument below but did not raise it in the appeal.
3. The Supreme Court of Arkansas may accept a State criminal appeal under Arkansas Rule of Appellate Procedure–Criminal 3 when the decision would establish important precedent or would be important to correct and ensure uniform administration of the criminal law.

Questions Presented

1. Whether the State preserved its argument that the circuit court violated the separation-of-powers doctrine by modifying the sentencing portion of the negotiated plea agreement.
2. Whether the Supreme Court of Arkansas could consider the procedural-rule argument made in the circuit court when the State did not present that argument on appeal.

Disposition

affirmed