Diffee v. State

I disagree with the majority opinion primarily because I believe the sentence had already been “imposed.” In the case of Adams v. State, 269 Ark. 601, 599 S.W.2d 437 (Ark. App. 1980), the Arkansas Court of Appeals considered the same argument presented in this appeal. The court stated: “[w]e believe the trial judge did not have the authority to impose a greater sentence than was originally imposed pursuant to Ark. Stat. Ann. §41-803 (Repl. 1977).” The court held that the trial judge was authorized to suspend imposition of a sentence or place the defendant on probation. Citing Culpepper v.…