Jeremy Michael Richie v. State of Arkansas

Summary

The Supreme Court of Arkansas held that a circuit court lacked statutory authority to impose drug and alcohol treatment and counseling as conditions of a defendant's sentence of incarceration. The court concluded that the ten-year sentences were within the statutory maximum, although the defendant's claim for credit for prior confinement was not cognizable for the first time on appeal. The judgment was reversed and remanded with directions to strike the unlawful incarceration conditions and enter a new judgment and commitment order.

Holdings

1. The ten-year sentences were within the statutory maximum for Class C felonies and therefore were not illegal sentences. The circuit court's failure to credit prior confinement rendered the sentence imposed in an illegal manner, not unauthorized, and Richie could not raise that credit claim for the first time on appeal.
2. A circuit court lacks authority to impose conditions on a defendant's sentence of incarceration unless authorized by statute, rule, or available writ. Because no applicable statute authorized the conditions imposed on Richie's prison sentence, those conditions constituted an illegal sentence and had to be stricken.

Questions Presented

1. Whether Richie's concurrent ten-year sentences exceeded the statutory maximum because he had previously served twelve months of confinement during probation revocation.
2. Whether the circuit court had statutory authority to impose drug and alcohol treatment, counseling, and testing as conditions of a sentence of incarceration.

Disposition

reversed_and_remanded