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Arkansas Code Annotated

Ark. Code Ann. § 5-4-202 (2020)

Alternative sentence prohibited — Time of payment

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  1. If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid.
    1. If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made:
      1. Within a specified period of time; or
      2. In specified installments.
    2. If permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately.

History. Acts 1975, No. 280, § 1102; A.S.A. 1947, § 41-1102; Acts 2011, No. 1120, § 3.

Amendments. The 2011 amendment deleted (a)(2).

Case Notes

Cited: Jones v. State, 297 Ark. 485, 763 S.W.2d 81 (1989); Beard v. State, 306 Ark. 546, 816 S.W.2d 860 (1991).

Notes of Decisions
Cited in 6 cases, 1989–2020 · leading case: Cox v. State, 229 S.W.3d 883 (Ark. 2006).
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Cox v. State, 229 S.W.3d 883 (Ark. 2006). · cites it 4× “When sentence was pronounced in a case where the defendant pled guilty, subject matter jurisdiction ended on March 4, 2003, when the order was entered.”
Laron Hayes, Jr. v. State of Arkansas, 2020 Ark. 297. · cites it 2× “, Ark. Code Ann. § 5-4-202 (a) (Repl. 2013) (“If the defendant is sentenced to pay a fine or costs[.”
Jones v. State, 763 S.W.2d 81 (Ark. 1989). · cites it 2× “Ann. § 43-2503 (Repl. 1977)]. In addition, a judgment that a defendant pay a fine constitutes a lien on his real and personal property in the same manner as a judgment in a civil action.”
Caldwell v. State, 910 S.W.2d 667 (Ark. 1995). · cites it 2× “When the issue before us was whether the State was entitled to any closing argument during the sentencing phase for habitual offenders, we stated: The appellant also argues that it was error to allow additional closing argument in the sentencing phase of the trial because it is…”
Lewis v. State, 272 S.W.3d 113 (Ark. Ct. App. 2008). · cites it 2× “Appellant argues that proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in Arkansas Code Annotated § 5-4-202 through 5-4-504. See Ark.Code Ann.”
Beard v. State, 816 S.W.2d 860 (Ark. 1991). · cites it 2× “The appellant also argues that it was error to allow additional closing argument in the sentencing phase of the trial because it is not provided for in the statutory provision [ Ark. Code Ann. § 5-4-202 (1987)] providing for sentencing procedure for habitual offenders.”
Ark. Code Ann. § 5-4-202(b)(2): 1 case
Cox v. State, 229 S.W.3d 883 (Ark. 2006). “When sentence was pronounced in a case where the defendant pled guilty, subject matter jurisdiction ended on March 4, 2003, when the order was entered.”
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