Matthews v. State.476
2017 Ark. App. 24
| Ark. Ct. App. | 2017Background
- Jackie Renay Matthews pleaded guilty in Feb. 2012 to aggravated assault (family/household) and was placed on five years’ probation.
- The State filed multiple petitions to revoke Matthews’ probation (May 2013, Nov. 2013, Dec. 2014); Matthews admitted the violations each time.
- After the December 2014 revocation plea, Matthews testified at the sentencing phase; the court found violations and sentenced her to three years’ imprisonment with two years’ suspended imposition of sentence.
- Counsel filed an Anders-style no-merit brief and moved to withdraw, asserting no nonfrivolous appellate issues. Matthews received notice of the right to file pro se points but did not do so.
- The appeal raised the threshold jurisdictional question whether an appeal may be taken from a guilty plea outside limited exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Matthews can appeal after a guilty plea | Matthews (appellant) sought to pursue an appeal of the revocation/sentencing | State argued appeals from guilty pleas are barred except by rule or narrow exceptions | Appeal dismissed for lack of jurisdiction; guilty-plea bar applies |
| Whether appellant entered a conditional guilty plea under Rule 24.3(b) | Matthews implicitly relied on possibility of an appealable conditional plea | State contended no conditional plea was entered | No conditional plea was entered; Rule 24.3(b) does not apply |
| Whether evidentiary errors at sentencing permit an appeal after guilty plea | Appellant could argue sentencing-phase evidentiary errors (if any) | State argued no such post-plea evidentiary issue was properly raised to invoke exception | No applicable evidentiary-error exception here; not invoked |
| Whether a postjudgment motion to correct illegal sentence was at issue | Appellant did not allege a postjudgment motion denial to amend sentence | State argued that only denial of such a motion would allow appeal after guilty plea | No postjudgment motion claim was before the court; exception inapplicable |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (framework for counsel’s withdrawal when appeal appears frivolous)
- Johnson v. State, 2010 Ark. 63 (recognizing evidentiary-error exception to guilty-plea appeal bar)
- Reeves v. State, 339 Ark. 304 (Ark.) (1999) (postjudgment motion-to-amend-sentence exception to appeal bar)
- Houston v. State, 2014 Ark. App. 344 (applying the guilty-plea appeal limitations)