Williams v. State
2014 Ark. App. 454
Ark. Ct. App.2014Background
- Matthew Williams was charged with first-degree forgery and represented himself at trial.
- During voir dire he disclosed he was a convicted felon.
- A store security photo and witness Odie Strong identified Williams as the person who cashed a forged check; on cross-examination Strong stated he knew Williams "from when you wasn’t around, incarcerated or whatever, until you was out."
- Williams complained to the court but did not move for a mistrial at that time; he moved for a mistrial only after the State rested and the motion was denied.
- The jury convicted Williams; the sentencing order imposed 480 months despite forgery in the first degree being a Class B felony (max 20 years) and the record showing habitual-offender instructions—however, the sentencing order did not reflect habitual-offender status.
- The Court of Appeals affirmed the conviction but remanded with instructions to correct the illegal sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether witness’s reference to incarceration required a mistrial | Williams: witness’s remark was prejudicial and warranted mistrial | State: Williams failed to preserve issue by not moving at first opportunity | Not preserved; denial of mistrial affirmed |
| Whether sentence was lawful given Class B felony and habitual-offender treatment | Williams: (implicit) sentence valid as imposed | State/Court: sentencing order did not reflect habitual-offender status and term exceeds Class B maximum | Sentence illegal on its face; remand to correct sentencing order |
Key Cases Cited
- Jackson v. State, 375 Ark. 321, 290 S.W.3d 574 (2009) (motion for mistrial must be made at the first opportunity to preserve error)
- Russell v. State, 288 Ark. 255, 704 S.W.2d 161 (1986) (futility exception to preservation when trial judge’s own comment prejudices defendant)