Redding v. State, CR
| Decision Date | 02 November 1987 |
| Docket Number | No. CR,CR |
| Citation | 293 Ark. 411,738 S.W.2d 410 |
| Parties | Kimmy R. REDDING, Appellant, v. STATE of Arkansas, Appellee. 87-150. |
| Court | Arkansas Supreme Court |
Larry Honeycutt, Hot Springs, for appellant.
Robert A. Ginnaven III, Asst. Atty. Gen., Little Rock, for appellee.
We granted review from the decision of the Court of Appeals, Division II, pursuant to Supreme Court Rule 29(6). The Court of Appeals had affirmed the conviction of appellant who had been tried for sale of a controlled substance, 733 SW2d 424. This trial resulted after the trial judge set aside the appellant's guilty plea and sentence and granted a trial. We reverse the decision of the Court of Appeals and vacate the second sentence and reinstate the original sentence, which had been placed into execution before the change of plea was granted.
On December 20, 1985, the appellant entered a guilty plea to three counts of delivery of a controlled substance and on that same day was sentenced to an eight year term and a fine of $1000. Also on the same day an order of commitment to the Department of Correction was issued and appellant was remanded to the custody of the sheriff for delivery to the Department of Correction. On January 2, 1986, while awaiting transportation to the Department of Correction, the trial court granted appellant's motion to withdraw his guilty plea of December 20, 1985. Upon his subsequent trial he was given ten years and fined $10,000.
This appeal is from the conviction and resulting sentence at the trial. One point argued on appeal is that the trial court lost jurisdiction after it accepted the guilty plea, pronounced sentence and issued a commitment order remanding the appellant to the custody of the sheriff to be delivered to the Department of Correction. The Attorney General concedes that the trial court was without authority to vacate the original judgment and sentence. Since we agree with this argument we do not discuss the other issues raised on appeal. There is no right to appeal from a guilty plea.
The court, at any time before pronouncing sentence, may allow a defendant to withdraw his plea if it is fair and just to do so. However, a defendant has no right to withdraw a plea after it has been accepted by the court unless it is necessary to correct a manifest injustice. See A.R.Cr.P. Rule 26.1. A sentence is placed into execution when the court issues a commitment order unless the trial court grants appellate bond or specifically...
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Ashe v. State
...Pannell v. State, 320 Ark. 250, 895 S.W.2d 911 (1995); Kelley v. Washington, 311 Ark. 73, 843 S.W.2d 797 (1992); Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987); Wooten v. State, 32 Ark.App. 194, 799 S.W.2d 555 (1990). A trial court is without jurisdiction to modify a sentence once it......
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Renshaw v. Norris, CR
...jurisdiction regardless of whether an objection was made to the trial court. Howard v. State, supra. As we stated in Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987), once a valid sentence has been put into execution, the trial court is without jurisdiction to modify, amend, or revise ......
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Scalco v. City of Russellville, CR94-262
...and the sentence originally imposed. As a general rule, direct appeals from guilty pleas are prohibited. E.g., Redding v. State, 293 Ark. 411, 413, 738 S.W.2d 410, 411 (1987); A.R.Cr.P. Rule 36.1. A plea of guilty constitutes the accused's trial, Bryant v. State, 314 Ark. 130, 862 S.W.2d 21......
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Johninson v. State
...to entry of the judgment. We held that thesentence was effective from the time of its pronouncement in open court. In Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987), however, we held that "A sentence is placed into execution when the court issues a commitment order unless the trial c......