Smith v. State
Smith v. State
Opinion of the Court
Appellant Brian Smith entered a negotiated plea of guilty to the offenses of robbery and failure to appear on April 17, 2017. The Faulkner County Circuit Court entered a sentencing order that same day (1) reflecting that appellant had entered a plea of guilty to robbery, a class B felony, and failure to appear, a class C felony, and (2) imposing sentences of 360 months' imprisonment and 240 months' imprisonment, respectively. On appeal, he argues that his sentence of 240 months' imprisonment for failure to appear is illegal because his attorney's questioning of him at the sentencing hearing referenced failure to appear as a class D felony rather than a class C felony. We dismiss the appeal.
Generally, a defendant has no right to appeal from a guilty plea. Seibs v. State ,
Dismissed.
Abramson and Gladwin, JJ., agree.
Although the State has failed to challenge the propriety of the appeal, this is an issue of jurisdiction that this court will raise sua sponte. Wright v. State ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.