Lambert v. State

Darrell Hickman, Justice.

Thomas Lambert and Elmer Smith escaped from the Wrightsville Unit of the Department of Corrections on August 14,1983. They both pleaded guilty to the charge of escape. Due to the circumstances surrounding the escape, the trial court was convinced they should not receive severe sentences and suspended their sentences. However, the state subsequently realized that, according to Ark. Stat. Ann. § 41-803 (Supp. 1983), neither should have received a suspended sentence, because Smith had four prior convictions and Lambert more than one. The state’s first motion to correct…