On June 30, 1989, the appellant, Tyrone Jones, pleaded guilty to, and was convicted of: 1) three counts of robbery and sentenced to ten years on each count to run consecutively to one another and to all of his other convictions; 2) robbery and sentenced to five years to run consecutively to his other convictions; 3) aggravated robbery and sentenced to life imprisonment; 4) burglary and sentenced to ten years and theft of property and sentenced to five years, both to run concurrently to each other but consecutively to his other convictions; and 5) escape in the second degree and sentenced to two years to run consecutively to his other convictions.
Jones received fourteen months jail time credit for time served prior to his sentence to imprisonment, which was applied only to the escape in the second degree conviction.
In his sole point of error, Jones contends that the trial court erred in failing to give fourteen months of jail time credit to each of the imposed sentences.
Arkansas Code Ann. § 5-4-404 (1987) provides as follows:
If a defendant is held in custody for conduct that results in a sentence to imprisonment, the court shall credit the time spent in custody against the sentence.
Although one may not appeal from a guilty plea, Redding v. State,
In Travis v.State,
The subsequent offenses with which Jones was charged are wholly unrelated to the conduct that resulted in his sentence of three consecutive ten year terms for three counts of robbery, which was based on the April 5,1988, charges. Accordingly, he is entitled to 452 days of credit for the time served between April 5, 1988, and June 30, 1989. Under the rationale of Travis, supra, jail time credit should only be applied to the sentences relating to the April 5, 1988, charges.
Consequently, the judgment is affirmed as modified and remanded in accordance with this opinion.
SUPPLEMENTAL OPINION ON DENIAL OF REHEARING MAY 21, 1990
In this matter, the trial court denied appellant’s application for jail time credit, and on appeal, we affirmed as modified and remanded the trial court to conform its holding to show that the appellant has 452 days of jail time credit. The state, in its petition for rehearing, contends this court had no appellate jurisdiction of the trial court’s denial of the appellant’s motion for jail time credit because the sentences imposed against appellant arose from his guilty pleas, from which he had no right to appeal. See A.R.Cr. P. Rule 36.1; Jenkins v. State,
Under Ark. Code Ann. § 16-90-111 (b)(1) (Supp. 1989), a circuit court has authority to reduce a sentence within 120 days after the sentence is imposed or after receipt of a mandate issued upon affirmance of the judgment or dismissal of the appeal. Here, the appellant pled guilty to three felonies on June 12, 1989, and on June 30, 1989, or eighteen days later, he also requested jail time credit, which the trial court denied. Appellant’s request for jail time credit and reduction of sentence was timely made, and he duly filed his appeal from the trial court’s denial of his request. Clearly, we had appellate jurisdiction to decide the correctness of the trial court’s decision.
The state correctly notes that, in our opinion, we misrepresented the holding in Cox v. State,
The state’s petition for rehearing is denied.
Notes
Rule 37 has since been abolished. See Whitmore v. State,
