2022 Ark. App. 66
Ark. Ct. App.2022Background
- Donald Black pled guilty to third-degree domestic battery on July 23, 2019; the State nolle prossed a related terroristic-threatening charge. He was placed on 12 months’ probation and fined $500 and signed probation conditions.
- The State filed a petition to revoke probation on January 7, 2020, later amending it to allege additional violations.
- A revocation hearing was held September 4, 2020; the court found probation violations and orally sentenced Black to 12 months in jail with six months suspended (i.e., six months to be served).
- The court stated the six-month term would be served “straight” and refused to leave meritorious good-time credit (two-for-one credit) to the sheriff’s discretion; defense counsel objected on separation-of-powers grounds.
- Black appealed only the sentencing provision directing “straight” time (he did not challenge revocation or the underlying factual findings); the State conceded error.
- The Court of Appeals interpreted Ark. Code Ann. § 12-41-101 and, relying on precedent, held that the sheriff—rather than the judge—has authority to administer meritorious good time; the sentencing order was affirmed as modified by deleting the provision that the term “be served straight.”
Issues
| Issue | Black's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the circuit court could order county jail time to be served "straight" and strip the sheriff of discretion to award meritorious good-time credit | The court erred by ordering six months "straight," denying opportunity to earn meritorious good time (violation of statutory scheme and separation of powers) | (Conceded on appeal) The sentencing provision was improper | The court erred; awarding or denying meritorious good time is within the sheriff's statutory authority, so the "served straight" provision was deleted and sentence affirmed as modified |
Key Cases Cited
- Upton v. State, 68 Ark. App. 84 (1999) (holding that authority to grant or deny meritorious good time for county inmates resides with the county sheriff, not the sentencing judge)