State v. Williams

I dissent. This court has taken similar appeals to resolve the statutory interpretation of law regarding former-jeopardy claims. See State v. Thompson, 343 Ark. 135, 139, 34 S.W.3d 33, 35 (2000); State v. McMullen, 302 Ark. 252, 253, 789 S.W.2d 715, 716 (1990). Here, no factual issues exist. Appellee Wendi Williams had pled guilty to a federal crime under 18 U.S.C.A. § 1344 (2000). Based on the same conduct underlying the federal crime, the State charged Williams committed theft of property under state law, Ark. Code Ann. § 5-l-144(l)(A)(l) (Repl. 1997), which provides as follows:

When conduct…