Finn v. State

I cannot agree to affirm the judgment entered by the trial court in this case because the state filed a petition to revoke the appellant’s suspended sentence, but instead of acting upon the petition to revoke, the court held the appellant in contempt and sentenced him to thirty days in the county jail. I think this was an illegal sentence. In Jones v. State, 27 Ark. App. 24, 765 S.W.2d 15 (1989), we said:

Recently the Arkansas Supreme Court has reviewed cases involving illegal sentences despite the absence of an objection below. In those cases, the Court has compared the illegal sentence issue…