Arkansas Code Annotated
Ark. Code Ann. § 5-4-302 (2026)
Effect of noncode statutes
✓ current as of May 2026
When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute.
History. Acts 1975, No. 280, § 1202; A.S.A. 1947, § 41-1202.
Meaning of “Arkansas Criminal Code”. See note to § 5-1-101.
Case Notes
Cited: Pennington v. State, 305 Ark. 507, 808 S.W.2d 780 (1991).
Notes of Decisions
Cited in 2
cases, 1991–1993 · leading case: Kyle v. State, 849 S.W.2d 935 (Ark. 1993).
Kyle v. State, 849 S.W.2d 935 (Ark. 1993). “The appellant cites the 1988 Supplementary Commentary to § 5-4-302(f) in support of her argument. Act 315 of 1985 added the last sentence of subsection (f).”
Pennington v. State, 808 S.W.2d 780 (Ark. 1991). “And while offenses under the Controlled Substances Act were not defined under the Criminal Code, § 1202 of the Code [now section 5-4-302] provided as follows: When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the code is eligible for…”
— Ark. Code Ann. § 5-4-302(f) — 1 case
Kyle v. State, 849 S.W.2d 935 (Ark. 1993). “The appellant cites the 1988 Supplementary Commentary to § 5-4-302(f) in support of her argument. Act 315 of 1985 added the last sentence of subsection (f).”
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