Burgess v. State

The majority misreads the statute as it applies to the facts presented here. Further, the majority adds words to the statute in^order to support its interpretation. Also, after noting that the statute is ambiguous, the majority does not apply the rule of lenity that is applicable when interpreting ambiguous criminal statutes. Thus, I respectfully dissent.

Arkansas Code Annotated section 5-4-404 (Repl. 2013) provides as follows:

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the…