Mackey v. State

The appellant in this case was found guilty in a bench trial of residential burglary. The trial court passed the case for sentencing, and after a subsequent hearing appellant was sentenced by the trial court to a term of 108 months in the Arkansas Department of Correction. In this appeal, appellant does not challenge his conviction. Instead, he claims error only with regard to the sentence he received, arguing that the trial court erred in concluding that a prior conviction for theft by receiving was a felony and not a misdemeanor conviction. I must respectfully dissent from this court’s…