Canada v. State
2015 Ark. 8
Ark.2015Background
- Canada pleaded guilty to first-degree battery of a child and endangering the welfare of a minor; aggregate sentence was 480 months.
- On July 18, 2014, Canada pro se petitioned to correct the sentence under Ark. Code Ann. 16-90-111 alleging illegality.
- Trial court denied the petition and Canada appealed the denial.
- State moved to dismiss the appeal; the Supreme Court granted the motion to dismiss.
- The court held the appeal could be dismissed because the petition failed to show the sentence was illegal on its face; timing considerations were not the sole basis for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 480-month sentence illegal on its face? | Canada argued the sentence exceeded the guidelines and was illegal. | State argued the sentence falls within the statutory range for a Class Y felony. | Not illegal on its face; within statutory range. |
| May the petition to correct sentence be entertained under 16-90-111 despite Rule 37.2(c)? | Canada relies on 16-90-111 for postconviction relief from an illegal sentence. | State contends the petition lacks grounds to show illegality and is not redeemable under 16-90-111. | Appeal dismissed; petition failed to demonstrate illegality; subject-matter jurisdiction not found to require relief. |
Key Cases Cited
- McClanton v. State, 2014 Ark. 439 () (per curiam; confirms appeal from postconviction denial requires showing illegality)
- Reeves v. State, 339 Ark. 304 () (statutory illegality challenge can be raised anytime under 16-90-111(a))
- Gilliland v. State, 2014 Ark. 243 () (to the extent cognizable under Rule 37.1, 16-90-111 is superseded)
- Hill v. State, 2013 Ark. 291 () (trial court authority to grant relief if sentence illegal)
- Burton v. State, 367 Ark. 109 () (minimum/maximum statutory ranges override presumptive guidelines)
- Grissom v. State, 2013 Ark. 417 () (sentence legality when within statutory limits)
- Atkins v. State, 2014 Ark. 393 () (legal/salable metrics for illegal on its face)
- Lovelace v. State, 301 Ark. 519 () (definition of illegal sentence; face validity)
- Fritts v. State, 298 Ark. 533 () (illegality considerations in sentencing)