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Arkansas Code Annotated

Ark. Code Ann. § 5-4-503 (2020)

Habitual offenders — Previous conviction in another jurisdiction

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For purposes of § 5-4-501, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.

History. Acts 1975, No. 280, § 1002; 1977, No. 474, § 5; A.S.A. 1947, § 41-1002.

A.C.R.C. Notes. This section was held to supersede § 16-90-203 in McGirt v. State, 289 Ark. 7, 708 S.W.2d 620 (1986).

Research References

Ark. L. Rev.

Conflict of Laws: Arkansas, 32 Ark. L. Rev. 1.

Case Notes

Conviction.

Evidence of defendant's prior Oklahoma deferred sentence and plea of nolo contendere to the offense of rape in the first degree held admissible for sentencing purposes. McClish v. State, 331 Ark. 295, 962 S.W.2d 332 (1998).

Felonies.

Where the defendant's prior convictions in another state carried sentences in excess of one year, all of the convictions would be considered felonies for the purpose of applying the habitual offender statute. Knight v. State, 277 Ark. 213, 640 S.W.2d 442 (1982).

Where the defendant had three prior convictions in another state and all three convictions were punishable by imprisonment of a term in excess of one year, the evidence was sufficient to support the extended term under § 5-4-501, the habitual offender statute. McGirt v. State, 289 Ark. 7, 708 S.W.2d 620 (1986).

Supersession.

Section 16-90-203, governing the effect of conviction in another state, was superseded by this section. McGirt v. State, 289 Ark. 7, 708 S.W.2d 620 (1986).

Cited: Bly v. State, 267 Ark. 613, 593 S.W.2d 450 (1980); Lincoln v. State, 287 Ark. 16, 696 S.W.2d 316 (1985); Cherry v. State, 302 Ark. 462, 791 S.W.2d 354 (1990).

Notes of Decisions
Cited in 6 cases, 1990–2019 · leading case: Green v. State, 852 S.W.2d 110 (Ark. 1993).
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Green v. State, 852 S.W.2d 110 (Ark. 1993). · cites it 6× “That the legislature intended the focus of the act to be on prior convictions is evident in the official commentary to section 5-4-503, which states as follows: If a sentence in excess of one year in prison was authorized upon conviction in the other jurisdiction, then…”
Cherry v. State, 791 S.W.2d 354 (Ark. 1990). · cites it 2× “” The appellant claims the conviction should not have been used against him because the record of the conviction did not show it carried a sentence in excess of one year, as required by Ark. Code Ann. § 5-4-503 (1987). We take judicial notice that under Missouri law, forgery is…”
McClish v. State, 962 S.W.2d 332 (Ark. 1998). · cites it 2× “See Ark. Code Ann. § 5-4-503 (Repl. 1997). The American Law Institute Model Penal Code and Commentaries provides persuasive authority supporting Arkansas’s policy of balancing the benefits of expungement with the goals of sentencing.”
Adam Kleier v. State of Arkansas, 2019 Ark. App. 340, 582 S.W.3d 856. · cites it 2× “Cherry, who was convicted of first-degree murder, argued on appeal that a prior Missouri conviction should not have been used against him during sentencing because “the record of conviction did not show it carried a sentence in excess of one year, as required by Ark. Code Ann. §…”
State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995). “1993); Ark. Code Ann. § 5-4-503 (Michie 1993); Colo.”
Weaver v. Kelley, Dir., Arkansas Dep't of Corr., No. 1:18-cv-01048 (W.D. Ark. Apr. 24, 2019). · cites it 2× “See Ark. Code Ann. § 5-4-503 (a) (Repl. 2016).”
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