Cite as 2025 Ark. 70 SUPREME COURT OF ARKANSAS No. CR-24-497

Opinion Delivered: May 15, 2025 JOSEPH BIENEMY APPELLANT PRO SE APPEAL FROM THE WHITE COUNTY CIRCUIT COURT [NO. 73CR-07-211] V. HONORABLE MARK PATE, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED.

SHAWN A. WOMACK, Associate Justice

Joseph Bienemy appeals the circuit court’s denial of his pro se petition to correct an

illegal sentence filed pursuant to Arkansas Code Annotated section 16-90-111(a) (Repl.

2016). We find no error and affirm.

I. Background

In 2008, a White County jury found Bienemy guilty of capital murder as an

accomplice, for which he was sentenced to life imprisonment without the possibility of

parole. We affirmed on direct appeal.1 In February 2024, Bienemy filed the underlying

petition in which he claimed that his sentence was illegal on its face. Specifically, he argued

that the sentence was illegal because there was no underlying felony attached to the charge

of capital murder pursuant to Arkansas Code Annotated section 5-10-101(a)(1) (Repl.

2006).

1 Bienemy v. State, 374 Ark. 232, 233, 287 S.W.3d 551, 552 (2008). II. Standard of Review

We will not overturn a circuit court’s decision to deny relief under section 16-90-

111 unless that decision is clearly erroneous.2 A finding is clearly erroneous when, although

there is evidence to support it, the appellate court, after reviewing the entire evidence, is

left with the definite and firm conviction that a mistake has been made.3

III. Arkansas Code Annotated Section 16-90-111

Arkansas Code Annotated section 16-90-111 gives the circuit court authority to

correct an illegal sentence at any time.4 A sentence is illegal on its face if it is beyond the

circuit court’s authority to impose and gives rise to a question of subject-matter jurisdiction.5

Sentencing is entirely a matter of statute in Arkansas.6 A petitioner seeking relief under

section 16-90-111(a) carries the burden of demonstrating that the sentence imposed was

illegal.7 Generally, a sentence imposed within the maximum term prescribed by law is not

illegal on its face.8

2 Weeks v. State, 2024 Ark. 132, at 2. 3 Id. 4 Woodruff v. State, 2024 Ark. 13, at 2, 682 S.W.3d 662, 664. 5 Id. 6 Id. 7 Id. 8 Id.

2 IV. Claim for Relief

Bienemy was convicted of capital murder, not capital felony murder. Capital murder

is punishable by death or life imprisonment without parole.9 Bienemy was sentenced to life

imprisonment without parole. Consequently, Bienemy has not met his burden of

demonstrating that his sentence was illegal on its face.10

The State notes that a claim for relief based on the assertion that the sentence was

imposed in an illegal manner must be brought within the time limits set out in Arkansas

Rule of Criminal Procedure 37.2(c), which superseded the time limitations for filing a

petition under section 16-90-111(a) & (b)(1).11 The State argues that, to the extent Bienemy

claims that the sentencing order should have listed an underlying felony, the allegation

constituted a claim that the sentence was imposed in an illegal manner, and accordingly, the

claim is governed by the time limitations in Rule 37.2(c).

Although the State is correct that Bienemy would be entitled to no relief under Rule

37.2(c), Bienemy clearly argues that the sentence imposed was illegal on its face, not illegally

imposed. Nevertheless, Bienemy has failed to demonstrate that his sentence was illegal on

its face, so we affirm the circuit court’s denial of his petition.

Affirmed.

Joseph Bienemy, pro se appellant. Tim Griffin, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee.

9 Ark. Code Ann. § 5-10-101(c)(1)(ii). 10 Woodruff, 2024 Ark. 13, at 2, 682 S.W.3d at 664. 11 Green v. State, 2021 Ark. 19, at 3, 615 S.W.3d 389, 392.

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