{
  "id": 1885546,
  "name": "Kenneth Wayne PICKETT v. STATE of Arkansas",
  "name_abbreviation": "Pickett v. State",
  "decision_date": "1990-02-12",
  "docket_number": "CR 89-230",
  "first_page": "345",
  "last_page": "347",
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      "cite": "301 Ark. 345"
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      "cite": "783 S.W.2d 854"
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    "name_abbreviation": "Ark.",
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    "name": "Arkansas Supreme Court"
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      "cite": "293 Ark. 411",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1987,
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      "cite": "Ark. Code Ann. \u00a7 16-91-101",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
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  "last_updated": "2023-07-14T21:23:07.951222+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Kenneth Wayne PICKETT v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Otis H. Turner, Justice.\nThe appellant, Kenneth Wayne Pickett, was charged with driving under the influence of intoxicants, third offense. He subsequently moved to dismiss on the basis that, in his prior convictions, the record did not reflect that he had waived his right to counsel or that he had been advised of his rights and the consequences of a guilty plea. The motion was denied. The appellant also moved to strike the previous convictions, citing as justification the same basic reasons stated in his previous motion to dismiss. The motion to strike was apparently never acted upon.\nOn March 28,1989, the appellant filed a motion to suppress the evidence of the prior convictions, again reciting the same grounds advanced in the motion to dismiss and the motion to strike. On the same date, the appellant, obviously intending to take advantage of Arkansas Rule of Criminal Procedure 24.3(b), entered a written plea of nolo contendere, \u201creserving the right . . . on appeal from the judgment, to review of an adverse determination of a pretrial motion to suppress evidence.\u201d\nFrom a fine of $2,000 and costs, a one year jail term with all but 90 days suspended subject to the appellant\u2019s compliance with the balance of the court rule, a two-year suspension of driving privileges and completion of an alcohol treatment and education program, this appeal is taken.\nWe find that the issue raised is jurisdictional and that the appeal is not permitted under the rules and the prior decisions of this court.\nThe general rule in Arkansas is that, in the language of Ark. Code Ann. \u00a7 16-91-101 (c) (1987), \u201cthere shall be no appeal from a plea of guilty or nolo contendere.\u201d See Redding v. State, 293 Ark. 411, 738 S.W.2d 410 (1987), where the court plainly stated, \u201cThere is no right to appeal from a guilty plea.\u201d\nThe Rules of Criminal Procedure, amended by a per curiam in July, 1987, with an effective date of October, 1987, provides an exception to the statutory ban. Rule 24.3(b) provides:\nWith the approval of the court and the consent of the prosecuting attorney, a defendant may enter a conditional plea of guilty or nolo [contendere], reserving in writing the right, on appeal from the judgment, to review of an adverse determination of a pretrial motion to suppress evidence. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.\nIn Jenkins v. State, 301 Ark. 20, 781 S.W.2d 461 (1989), this court interpreted Rule 24.3(b), and the holding of the Jenkins case is clear in its application here. In Jenkins, the appellant was charged with DWI, fourth offense, and pled not guilty. Before trial, he sought by motion to suppress the use of a prior DWI conviction due to the lack of a proper waiver of counsel. In ruling on the motion, the trial court found that the waiver of counsel was valid. Subsequently, Jenkins pled guilty and invoked the provisions of Rule 24.3(b), believing that he was afforded the right to appellate review of the trial court\u2019s denial of his motion to suppress the prior conviction.\nIn Jenkins this court addressed the question \u201cwhether or not the matter is properly before this court\u201d and determined that \u201cthe judgment appealed is not encompassed within Rule 24.3(b).\u201d The rule\u2019s reference to a \u201cpretrial motion to suppress evidence\u201d places the emphasis on the evidence instead of the motion. \u201cA motion to suppress evidence,\u201d Chief Justice Holt wrote, \u201cpresupposes that the evidence was illegally obtained. Here, we are simply dealing with the admissibility of evidence, rather than \u2018illegally obtained\u2019 evidence.\u201d\nIt is clear that the question now before the court is jurisdictional and that the rules do not provide for an appeal following a plea of nolo contendere where the appeal challenges the admissibility of evidence as distinguished from evidence illegally obtained.\nThis appeal is dismissed.",
        "type": "majority",
        "author": "Otis H. Turner, Justice."
      }
    ],
    "attorneys": [
      "Albert R. Hanna, for appellant.",
      "Steve Clark, Att\u2019y Gen., by: J. Brent Standridge, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Kenneth Wayne PICKETT v. STATE of Arkansas\nCR 89-230\n783 S.W.2d 854\nSupreme Court of Arkansas\nOpinion delivered February 12, 1990\nAlbert R. Hanna, for appellant.\nSteve Clark, Att\u2019y Gen., by: J. Brent Standridge, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0345-01",
  "first_page_order": 375,
  "last_page_order": 377
}