Philyaw v. Kelley, 2015 Ark. 465

Philyaw was charged with aggravated robbery for a 1981 Miller County robbery; convicted and sentenced to life plus $12,000 fine.
He also was convicted of attempted capital murder for pointing a gun at an arresting officer and sentenced to 20 years, a conviction that was later reversed due to lack of counsel.
A separate Rule 37 postconviction history exists, but relevant for context only; the instant habeas petition proceeded in 2011.
The circuit court held Philyaw’s judgment-and-commitment form showed only a life sentence for aggravated robbery and not for any uncharged offense.
The circuit court found the charging information’s punishment recitation had no effect on the legality of the sentence and that life was within the statutory range for the offense at the time.
Philyaw appeals the circuit court’s denial of habeas relief on three asserted grounds: lack of jurisdiction over life for an uncharged offense, information waiver of life sentence, and cruel-and-unusual punishment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction over life for uncharged offense	Philyaw claims lack of jurisdiction due to uncharged attempted capital murder.	Philyaw was convicted solely of aggravated robbery; no basis in the record for life on an uncharged offense.	No jurisdictional defect; record shows only aggravated robbery conviction.
Waiver of life sentence in information	State waived life as punishment by omitting it from information.	Sentencing statute at time of offense permitted life; information omission not a waiver issue.	No waiver; life sentence within statutory range at the time.
Cruel and unusual punishment	Life sentence was excessive given accomplice status and circumstances.	Sentence within statutory range; not cruel or unusual.	Not cruel or unusual; within statutory limits and not disproportionate.

Noble v. Norris, 368 Ark. 69, 243 S.W.3d 260 (Ark. 2006) (habeas standard; lack of jurisdiction or facial invalidity required)
Anderson v. Kelley, 2015 Ark. 411, S.W.3d (Ark. 2015) (defects in information as jurisdictional issue; generally trial error)
Maxwell v. Hobbs, 2013 Ark. 307, 393 S.W.3d 780 (Ark. 2013) (claims of trial error do not implicate facial validity or jurisdiction)
Hale v. Hobbs, 2014 Ark. 405, 443 S.W.3d 533 (Ark. 2014) (sentencing must accord with statute in effect at crime; life permissible if authorized)
Dunlap v. State, 303 Ark. 222, 795 S.W.2d 920 (Ark. 1990) (courts will not reduce or compare sentences within statutory limits)