Banks v. State

Donald L. Corbin, Justice.

Appellant Darryl Banks appeals the order of the Pulaski County Circuit Court convicting him of the felony charge of third-degree domestic battering, second offense, a violation of Ark. Code Ann. § 5-26-305 (Repl. 1997). On appeal, he argues that the twelve-year sentence imposed as a result of that conviction is illegal, because the proof adduced at trial established that he committed third-degree domestic battering, a misdemeanor. This case was certified to us from the Arkansas Court of Appeals as involving an issue of first impression and an issue requiring…