Summary
The Supreme Court of Arkansas treated Frederick Pennington Jr.'s pro se petition for rehearing as a petition for reconsideration and granted it in light of related precedent. The court held that his sentencing orders were facially invalid because they provided for parole eligibility on life sentences when the governing statutes did not authorize parole for those sentences. The court reversed the denial of habeas relief, issued the writ, and remanded for transfer to the Pulaski County Circuit Court for resentencing.
Topics
Practice areas
Questions Presented
- Whether the sentencing orders were facially invalid because they authorized parole eligibility not permitted by the statutes in effect when the crimes were committed.
- Whether the Arkansas Supreme Court could address the legality of the sentences sua sponte even though Pennington had not specifically raised the issue.
- What relief was appropriate for sentences imposed by a circuit court without statutory authority.
Holdings
- A void or illegal sentence is akin to a subject-matter-jurisdiction issue and cannot be waived; the court may review a void or illegal judgment sua sponte even when the issue was not raised by a party.
- The sentencing orders were facially invalid because they authorized parole eligibility for life sentences when parole eligibility was not authorized by the statute in effect at the time the crimes were committed.
Key quotations
“When the law does not authorize the particular sentence pronounced by a circuit court, that sentence is unauthorized and illegal, and the case must be reversed and remanded.” (2)
“Thus, parole-eligibility was not authorized by the statute in effect at the time the crimes were committed, and the sentencing orders entered against appellant are facially invalid.” (3)
Factual background
Pennington pleaded guilty in the Pulaski County Circuit Court to one count of first-degree murder and four counts of aggravated robbery. He received a life sentence for each charge. The sentencing orders stated that he would be eligible for parole after serving one-third of his life sentences, although the statute in effect when the crimes were committed provided that persons sentenced to life imprisonment were not eligible for parole unless the sentence was commuted to a term of years through executive clemency.
Procedural history
The Jefferson County Circuit Court denied Pennington's petition for a writ of habeas corpus. The Arkansas Supreme Court initially dismissed his appeal and denied habeas relief in Pennington v. Hobbs, 2014 Ark. 356. On reconsideration, relying in part on Hale v. Hobbs, 2014 Ark. 405, the court held that Pennington's sentencing orders were facially invalid because they allowed parole eligibility contrary to the governing statutes and remanded for resentencing in the Pulaski County Circuit Court.
Remand instructions
The denial of the petition for a writ of habeas corpus was reversed, the writ was issued, and the Jefferson County Circuit Court was instructed to transfer the case to the Pulaski County Circuit Court for resentencing.