Ark. Code Ann. § 16-91-101 (2026)
Right generally
- Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court.
- An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly charged and convicted with another defendant. One (1) appeal may be taken where a defendant has been found guilty of one (1) or more charges contained in any one (1) felony information or indictment.
History. Acts 1971, No. 333, § 1; A.S.A. 1947, § 43-2701; Acts 2005, No. 1994, § 276.
Amendments. The 2005 amendment inserted “or she” in (b); and deleted former (c), which was declared to have been implied repealed by Acts 1993, No. 535, in Hill v. State, 318 Ark. 408, 887 S.W.2d 275 (1994). Former subsection (c) read: “There shall be no appeal from a plea of guilty or nolo contendere.”
Cross References. Right of appeal, Ark. R. App. P. Crim. 1.
Case Notes
In General.
Acts 1993, No. 535, which is codified in part as § 16-97-101 et seq., provided in part that all laws in conflict with the act were repealed, thus repealing subsection (c) of this section. Hill v. State, 318 Ark. 408, 887 S.W.2d 275 (1994).
Purpose.
Legislature intended that appeal in criminal cases, so far as feasible, should be consistent with civil appeals. State v. Adkisson, 251 Ark. 119, 471 S.W.2d 332 (1971).
Appeal of Right.
The sixth amendment guarantee of effective assistance of counsel extends not only to trial but also to appeal where the state allows a first appeal as a matter of right. Howard v. State, 291 Ark. 633, 727 S.W.2d 830 (1987).
Appealable Judgments.
Judgment refusing to discharge the accused on motion to dismiss on the ground of former jeopardy was appealable. Jones v. State, 230 Ark. 18, 320 S.W.2d 645 (1959) (decision under prior law).
In the absence of a final order of the trial court settling some issue against defendant, or finding him guilty of some offense, an appeal to the Arkansas Supreme Court will not lie. Weston v. State, 265 Ark. 58, 576 S.W.2d 705, cert. denied, 444 U.S. 965, 100 S. Ct. 453, 62 L. Ed. 2d 377 (1979).
Ark. R. Crim. P. 24.3 does not provide for an appeal following a plea of nolo contendere where the appeal challenges the admissibility of evidence as distinguished from evidence illegally obtained. Pickett v. State, 301 Ark. 345, 783 S.W.2d 854 (1990).
Both former subsection (c) of this section and Ark. R. App. P. Crim. 1 provide that there shall be no appeal from a plea of guilty; however, one exception is found in Ark. R. Crim. P. 24.3(b), which provides a procedure for a defendant to seek review of an adverse determination of a pretrial motion to suppress evidence. Hill v. State, 318 Ark. 408, 887 S.W.2d 275 (1994).
Because the plain language of Ark. R. App. P. Crim. 1(a) and subsection (a) of this section required a conviction before a defendant had a right of appeal, and because a disposition pursuant to Act 346 of 1975, better known as the Arkansas First Offender Act, §§ 16-93-301 — 16-93-305, was not a conviction, defendant had no right to appeal. Lynn v. State, 2012 Ark. 6 (2012).
Appeal on Behalf of State.
Where an interlocutory order was entered under an indictment for felony, by which the jurisdiction of the court was rendered doubtful, it was proper that an appeal should be taken to the Arkansas Supreme Court on behalf of the state. State v. Flynn, 31 Ark. 35 (1876); State v. Robinson, 55 Ark. 439, 18 S.W. 541 (1892) (preceding decisions under prior law).
Criminal Contempt.
Because criminal contempt was a misdemeanor, defendant had the right to appeal under this section and Rule 1(a) of the Rules of Appellate Procedure—Criminal, and the mootness doctrine did not bar a direct appeal, despite the fact that he had already served his sentence. Thompson v. State, 2016 Ark. 383, 503 S.W.3d 62 (2016).
A defendant's right to a direct appeal from his criminal conviction continues after his service of confinement. Thus, Swindle v. State, 373 Ark. 519, 285 S.W.3d 200 (2008), was clearly wrong to the extent that it conflicted with the Supreme Court's present holding that the mootness doctrine did not bar defendant's direct appeal of his criminal contempt conviction. Thompson v. State, 2016 Ark. 383, 503 S.W.3d 62 (2016).
Guilty Pleas.
Some exceptions to the rule in former subsection (c), that there is no right to appeal from a guilty plea, include the following: (1) Ark. R. Crim. P. 24.3(b) permits an appeal from a conditional plea of guilty following the denial of a motion to suppress; (2) an appeal on the issue of the application of jail-time credit appears to be permissible; (3) the denial of a post-judgment motion, filed after a guilty plea to correct an illegal sentence, is appealable; and (4) a defendant may also appeal after a guilty plea when a jury sets punishment under the bifurcated procedure established by § 16-97-101(6). Hampton v. State, 48 Ark. App. 93, 890 S.W.2d 279 (1995).
When the appeal by a defendant who pled guilty is from a decision which was neither a part of the guilty plea acceptance nor the sentencing procedure which was an integral part of the guilty plea acceptance, the appeal is allowed. Hodge v. State, 320 Ark. 31, 894 S.W.2d 927 (1995).
State Remedy.
In the trial of a civil rights complaint by a state prisoner against a state prison warden, federal district court correctly refused to hear the prisoner's state claim since that claim would have to be made by direct appeal of the conviction in the Arkansas courts. Manning v. Lockhart, 623 F.2d 536 (8th Cir. 1980).
Cited: Collins v. State, 261 Ark. 195, 548 S.W.2d 106 (1977); Butler v. State, 264 Ark. 243, 570 S.W.2d 272 (1978); Bass v. State, 9 Ark. App. 211, 657 S.W.2d 218 (1983); Henagan v. State, 302 Ark. 599, 791 S.W.2d 371 (1990); State v. Sherman, 303 Ark. 284, 796 S.W.2d 339 (1990).