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Smith v. State

Robert Daniel SMITH v. STATE of Arkansas

Smith v. State, 520 S.W.2d 301 (Ark. 1975)
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Court
Supreme Court of Arkansas · State Highest Courts
Decided
March 10, 1975
Docket
No. CR 74-159
Judges
Byrd
Citations
520 S.W.2d 301257 Ark. 7811975 Ark. LEXIS 1863

Opinion of the Court — Byrd

Text extracted by OCR from a scanned original; check the original for exact wording.

Conley Byrd, Justice. The sole issue on this appeal is whether appellant Robert Daniel Smith, an indigent, is entitled to credit for jail time served by him prior to conviction.

The record shows that appellant was held in custody from December 8, 1973, until the date of his trial before the court on January 11, 1974. The record also shows that appellant was sentenced and committed to the penitentiary for 15 years upon a charge of robbery with a firearm without being given the opportunity to show why he should not receive the full 15 year sentence.

Thus unlike Coleman v. State, 257 Ark. 538 518 S.W. 2d 487 (1975), the record shows appellant was not given the right of allocution and consequently, we cannot indulge in the presumption that the trial court did its duty according to law or that it exercised its discretion pursuant to Ark. Stat. Ann. § 43-2813 (Supp. 1973), in denying jail time, Shelton v. State, 255 Ark. 932 , 504 S.W. 2d 348 (1974). Consequently, this case seems to be controlled by Smith v. State, 256 Ark. 425 , 508 S.W. 2d 54 (1974), where we pointed out that the denial of jail time solely because of the indigency of the defendant amounts to an unconstitutional discrimination based on wealth, absent some “compelling government interest.”

Reversed and remanded with directions to give credit for jail time.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1975: 11979: 11984: 12000: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. Rogers v. State582 S.W.2d 7 (Ark. 1979)
  2. Goff v. State19 S.W.3d 579 (Ark. 2000)
  3. Tate v. State524 S.W.2d 624 (Ark. 1975)
  4. Izzard v. State663 S.W.2d 192 (Ark. Ct. App. 1984)

Most recent

  1. Goff v. State19 S.W.3d 579 (Ark. 2000)
  2. Izzard v. State663 S.W.2d 192 (Ark. Ct. App. 1984)
  3. Rogers v. State582 S.W.2d 7 (Ark. 1979)
  4. Tate v. State524 S.W.2d 624 (Ark. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Coleman v. State, 518 S.W.2d 487 (Ark. 1975) 16
Smith v. State, 508 S.W.2d 54 (Ark. 1974) 13
Shelton v. State, 504 S.W.2d 348 (Ark. 1974) 6

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