Esry v. State

Summary

The Arkansas Supreme Court affirmed the denial of Matthew Esry’s petition to correct an illegal sentence. The court held that his 96-month sentence for second-degree battery did not exceed the statutory maximum because it was enhanced based on habitual-offender status, and that the failure to reflect the enhancement in the judgment-and-commitment order was a correctable clerical error. The case was remanded with instructions to enter a corrected order.

Holdings

1. The ninety-six-month sentence was not illegal because it did not exceed the statutory maximum applicable to Esry's offense when enhanced under the habitual-offender statute.
2. The circuit court must enter a corrected judgment-and-commitment order reflecting that Esry was sentenced as a habitual offender.
3. The court would not consider the argument that the plea agreement was void because it was not signed by the prosecuting attorney because the argument was raised for the first time on appeal.

Questions Presented

1. Whether a ninety-six-month sentence for second-degree battery was illegal because the judgment-and-commitment order did not indicate that the sentence was enhanced under the habitual-offender statute.
2. Whether the circuit court had authority to address the petition despite the procedural history and prior petitions.
3. Whether the appellant could raise for the first time on appeal that the plea agreement was void because it was not signed by the prosecuting attorney.

Disposition

reversed_and_remanded