Smith v. State

Darrell Hickman, Justice.

Charles K. Smith was convicted of possession of marijuana with intent to deliver and sentenced to three years imprisonment.

We affirmed Smith’s conviction and the U.S. Supreme Court denied his petition for certiorari. Smith v. State, 258 Ark. 601, 528 S.W. 2d 389 (1975), cert. denied, 425 U.S. 912 (1976).

The only question in this appeal is can a circuit court change a sentence from imprisonment to probation after final appellate review. The answer is no. The circuit court has no such jurisdiction or authority.

After Smith had appealed his conviction without success, he…