Ark. Code Ann. § 16-90-121 (2020)
Second or subsequent felony with firearm
Any person who is found guilty of or pleads guilty or nolo contendere to a second or subsequent felony involving the use of a firearm shall be sentenced to a minimum term of imprisonment of ten (10) years in the Division of Correction without eligibility of parole or community correction transfer but subject to reduction by meritorious good-time credit.
History. Acts 1981, No. 583, § 1; A.S.A. 1947, § 43-2336.1; Acts 2001, No. 1783, § 1; 2019, No. 910, § 862.
Amendments. The 2001 amendment rewrote this section.
The 2019 amendment substituted “Division of Correction” for “Department of Correction”.
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2001 Arkansas General Assembly, Practice, Procedure, and Courts, 24 U. Ark. Little Rock L. Rev. 523.
Case Notes
In General.
If a defendant is found guilty of a felony involving the use of a deadly weapon, including but not limited to a firearm, that defendant must be sentenced to serve a minimum of 10 years in the state prison; according to the plain language of the statute, the use of a deadly weapon need not be an element of the crime. Hagar v. State, 341 Ark. 633, 19 S.W.3d 16 (2000).
Cumulative Punishment.
If the general assembly specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the same conduct, the trial court may impose cumulative punishment in a single trial. Jernigan v. State, 38 Ark. App. 102, 828 S.W.2d 864 (1992).
When two punishment statutes exist, a court is not prevented from using the more stringent provision. Jernigan v. State, 38 Ark. App. 102, 828 S.W.2d 864 (1992).
Double Jeopardy.
Aggravated robbery is not already an “enhancement provision” applied to robbery and imposed for the use of a deadly weapon, so “enhancement” under this section for the same use of the same deadly weapon does not subject a defendant to “double jeopardy.” Crespo v. State, 30 Ark. App. 12, 780 S.W.2d 592 (1989).
Good Time Credits.
Because § 12-29-201, changing how meritorious good-time credit was applied, did not impliedly repeal the language in this section (the deadly-weapon enhancement statute applicable at the time of an inmate's sentence), the inmate's 30-year sentence for first-degree murder was subject to reduction by meritorious good-time credit at the conclusion of the first 10 years of the sentence. Hobbs v. Baird, 2011 Ark. 261 (2011).
Sentence Proper.
A defendant in a prosecution for manslaughter was properly sentenced to 10 years' imprisonment where the jury found that she used a “firearm” in the commission of the crime, notwithstanding the jury's recommendation that she be sentenced to five years's probation and a $5,000 fine. Hagar v. State, 341 Ark. 633, 19 S.W.3d 16 (2000).
Verdict Forms.
Trial court did not err in submitting modified verdict forms to the jury which allowed the jury the additional choice of whether the crime was committed with a deadly weapon. Wilson v. State, 282 Ark. 551, 669 S.W.2d 889 (1984).