Pickett v. State

Robert H. Dudley, Justice.

Appellant, a habitual offender, was arrested for selling cocaine. He was charged and, as he was preparing for trial, interpreted the new presumptive sentencing guidelines, Ark. Code Ann. § 16-90-803 and -804 (Supp. 1993), to make him eligible for a sentence of only fifty-four months, although the statutory range for sale of cocaine is from ten to sixty years. Ark. Code Ann. § 5-64-401 (a)(l)(i) (Repl. 1993). However, he observed that the presumptive sentencing guidelines do not apply to jury trials. Ark. Code Ann. § 16-90-803 (a)(1) and (b)(4). He did not want to…