Kleier v. State, 082819 ARCA, CR-18-927

Docket Nº:CR-18-927
Opinion Judge:RITA W. GRUBER, CHIEF JUDGE
Party Name:ADAM KLEIER APPELLANT v. STATE OF ARKANSAS APPELLEE
Attorney:William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant. Leslie Rutledge, Att'y Gen., by: Chris R. Warthen, Ass't Att'y Gen., for appellee.
Judge Panel:Switzer and Whiteaker, JJ., agree.
Case Date:August 28, 2019
Court:Court of Appeals of Arkansas
 
FREE EXCERPT

2019 Ark.App. 340

ADAM KLEIER APPELLANT

v.

STATE OF ARKANSAS APPELLEE

No. CR-18-927

Court of Appeals of Arkansas, Division IV

August 28, 2019

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO. 60CR-15-3339] HONORABLE LEON JOHNSON, JUDGE

William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.

Leslie Rutledge, Att'y Gen., by: Chris R. Warthen, Ass't Att'y Gen., for appellee.

RITA W. GRUBER, CHIEF JUDGE

On October 15, 2015, appellant Adam Kleier was charged in the Pulaski County Circuit Court with Class A felony arson. The felony information alleged that appellant started a fire on September 17, 2015, with the purpose of damaging a motel, which caused damages greater than $10, 000 but less than $100, 000. The information also alleged that appellant was a habitual offender having committed more than one but less than four felonies. The State filed an amended information on October 16, 2017, which alleged that appellant was a habitual offender with four or more prior felony convictions. Following an April 2018 trial, a jury found appellant guilty of Class A felony arson and sentenced him as a habitual offender with four or more prior felony convictions to serve forty-eight years' imprisonment. For his sole point on appeal, appellant contends that the circuit court abused its discretion in finding that the State's exhibits 14 and 15 were documentary proof that appellant had Class C felony convictions from Missouri for offenses punishable by a sentence of imprisonment in excess of one year as authorized by Missouri law. We affirm.

Arkansas Code Annotated section 5-4-502 provides that for habitual-offender sentencing under Arkansas Code Annotated section 5-4-501, the circuit court shall hear evidence of a defendant's prior felony convictions, determine the number of convictions, and instruct the jury as to the number of prior felony convictions along with the statutory sentencing range. A conviction from another jurisdiction "constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under...

To continue reading

FREE SIGN UP