Glick v. State, CR

Decision Date22 October 1984
Docket NumberNo. CR,CR
Citation677 S.W.2d 844,283 Ark. 412
PartiesDennis P. GLICK, Appellant, v. STATE of Arkansas, Appellee. 84-56.
CourtArkansas Supreme Court

Gibson Law Office by Charles S. Gibson, Dermott, for appellant.

Steve Clark, Atty. Gen. by Jack Gillean, Asst. Atty. Gen., Little Rock, for appellee.

PURTLE, Justice.

Appellant, an inmate at the Arkansas Department of Correction (ADC), was tried and convicted in the Jefferson County Circuit Court of escape in the first degree, kidnapping, and two counts of theft of property. His punishment was enhanced because he was found to be an habitual offender. The verdicts were returned on September 27, 1983. The court pronounced sentence but took under advisement the matter of concurrent and consecutive sentencing.

On September 29, 1983, the court entered a judgment and commitment on the jury verdicts which stated that the appellant was to receive 20 years for escape in the first degree, 20 years each on two counts of theft of property, and a life term for kidnapping. The judgment stated that one of the 20 year sentences for theft of property would be served concurrently with the other theft sentence, and the other sentences would be served consecutively. Notice of appeal was filed on October 26, 1983. On October 17, 1983, appellant, who was confined to the maximum security unit at Tucker, wrote the judge to inquire whether the sentences would be concurrent with the sentences he was already serving. On January 9, 1984, the court entered an "order amending judgment and commitment," in which it found that a clerical error had been made and that the record should be corrected to show that the sentences received by appellant were to be consecutive with any sentences which the defendant was presently serving.

The only assignment of error is that the trial court was without jurisdiction to amend its judgment and commitment. We hold that trial court was without jurisdiction to modify the sentences after appellant commenced to serve the sentences.

This same question was considered in the case of State v. Manees, 264 Ark. 190, 569 S.W.2d 665 (1978). Manees moved the trial court to vacate or modify his sentences which had been pronounced 2 years earlier. The trial court granted appellant's motion and modified the sentences to run concurrently instead of consecutively, as originally pronounced. The state opposed the motion to modify the sentences. This court upheld the state's contention that the sentence could not be modified when we stated: "Once a defendant is placed in the custody of the [ADC] to the end that he may commence serving his sentence under a valid judgment of conviction, the [ADC] has exclusive jurisdiction for the care, control and supervision of the individual and the trial court has no authority to intervene ..." This court considered a somewhat similar case in Williams, Standridge & Deaton v. State, 229 Ark. 42, 313 S.W.2d 242 (1958). In the last cited case the clerk made out commitments in conformity with the docket entries and the petitioners were returned to the penitentiary where they were serving prior sentences. The inmates had entered guilty pleas. Two weeks later the court discovered that the commitments were silent as to whether the sentences were to be consecutive or concurrent with the sentences then being served....

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10 cases
  • Nance v. State, CR
    • United States
    • Supreme Court of Arkansas
    • 4 Marzo 1996
    ...for the crime of capital murder, pursuant to the jury verdict, and did not modify the sentence imposed. Citing Glick v. State, 283 Ark. 412, 677 S.W.2d 844 (1984), appellant also contends that the trial court lacked jurisdiction to modify the judgment because he was placed in the custody of......
  • Sherman v. State, CR
    • United States
    • Supreme Court of Arkansas
    • 30 Septiembre 1996
    ...of the sentence into execution that deprives a trial court of jurisdiction, not the filing of the notice of appeal. Glick v. State, 283 Ark. 412, 677 S.W.2d 844 (1984). After the notice of appeal has been filed and the transcript has been lodged with the appellate court, the trial court los......
  • McCuen v. State, CR 97-1520.
    • United States
    • Supreme Court of Arkansas
    • 30 Septiembre 1999
    ...See Meadows v. State, 324 Ark. 505, 922 S.W.2d 341 (1996); Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987); Glick v. State, 283 Ark. 412, 677 S.W.2d 844 (1984). None of these cases, however, involved a fact situation where there was no dispute over the correctness of the oral sentence......
  • Richie v. State, CA
    • United States
    • Supreme Court of Arkansas
    • 10 Abril 1989
    ...and the record is filed in this court, the trial court loses jurisdiction, except for appointment of defense counsel. Glick v. State, 283 Ark. 412, 677 S.W.2d 844 (1984). Here, the belated appeal was docketed, and the record was filed. The trial court had lost jurisdiction at that point. We......
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