Johnson v. State

Ray Thornton, Justice.

Appellant Carlton Johnson appeals the sentence he received for keeping a gambling house. He contends that the trial court mistakenly concluded that alternative sentencing, under the Arkansas Criminal Code, was not available for this offense. We agree with Johnson’s contention and remand this case for the sole purpose of allowing the trial court to consider alternative sentencing provided under the Criminal Code, Ark. Code Ann. §§ 5-4-301 — 5-4-311 (Repl. 1993).

Johnson, a first-time offender, pled guilty to keeping a gambling house in violation of Ark. Code Ann. §…