Delph v. State, CR
| Decision Date | 04 December 1989 |
| Docket Number | No. CR,CR |
| Citation | 300 Ark. 492,780 S.W.2d 527 |
| Parties | Thomas DELPH, Appellant, v. STATE of Arkansas, Appellee. 89-107. |
| Court | Arkansas Supreme Court |
Thomas Delph, Pine Bluff, pro se.
Theodore Holder, Asst. Atty., Little Rock, for appellee.
On December 11, 1986, the appellant, Thomas Delph, was charged by information with two counts of aggravated robbery, one count of theft of property, and one count of possession of a firearm by a convicted felon. Four days later, Delph was charged by information with one count of aggravated robbery and habitual offender status.
Delph was committed to the Arkansas State Hospital on January 15, 1987, for psychiatric treatment because it was determined that he was mentally ill and unable to proceed in aid of his defense. Delph was released from the Arkansas State Hospital on January 26, 1988, and transferred to the Pulaski County Jail. On February 8, 1988, Delph entered into a negotiated plea agreement; he was subsequently convicted on February 9, 1988, of two counts of aggravated robbery and one count of theft of property, and received concurrent sentences of ten years imprisonment in the Arkansas Department of Correction for each offense. Delph received 75 days for jail time credit.
Almost a year later, on February 2, 1989, Delph filed, for both of his underlying cases, a "motion for credit for time spent in custody." He claimed that he was entitled to an additional 376 days of jail time credit for the time he spent in the Arkansas State Hospital. The trial court denied the motion on February 9, 1989, and found that Delph had agreed at the time of the plea agreement that he was entitled only to 75 days jail time credit. The trial court also found that he had apparently waived any further credit and that he was being held at the time for other charges in other courts. The February 9, 1989, order was filed in both cases.
A second order was filed in both cases on April 3, 1989, which found that the trial court lost "jurisdiction after one hundred twenty (120) days under Ark.Code Ann. § 16-90-111 [ (Supp.1989) ]".
Delph contends that the trial court erred in its denial of his "motion for credit for additional time spent in custody" while awaiting trial and relies solely on Ark.Code. Ann. § 5-4-404 (1987) in support of his contention.
Section 5-4-404 provides that "[i]f a defendant is held in custody for conduct that results in a sentence to imprisonment, the court shall credit the time spent in custody against the sentence."
We need not address the merits of Delph's argument because the trial court was correct in denying his motion on the basis of section 16-90-111, which provides as follows:
(a) Any circuit...
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Timmons v. State, CA CR 02-657.
...to apply, the sentence in question must have been illegal. Id. An illegal sentence is one that is illegal on its face. Delph v. State, 300 Ark. 492, 780 S.W.2d 527 (1989). In order to construe judgments, we look for the intention of the court, which is derived from the judgment and the reco......
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Perez v. State, CR-14-736
...the judgment illegal. Appellant's claim is unavailing. An illegal sentence is one that is illegal on its face. Delph v. State, 300 Ark. 492, 780 S.W.2d 527 (1989). A sentence is illegal on its face when it exceeds the statutory maximum for the offense of which the defendantwas convicted. At......