{
  "id": 1906013,
  "name": "Doug GUIRE v. STATE of Arkansas",
  "name_abbreviation": "Guire v. State",
  "decision_date": "1992-04-13",
  "docket_number": "CR 92-301",
  "first_page": "209",
  "last_page": "210",
  "citations": [
    {
      "type": "official",
      "cite": "309 Ark. 209"
    },
    {
      "type": "parallel",
      "cite": "832 S.W.2d 457"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "293 Ark. 73",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1869776
      ],
      "weight": 2,
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
        "/ark/293/0073-01"
      ]
    },
    {
      "cite": "303 Ark. 560",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1882719
      ],
      "weight": 2,
      "year": 1990,
      "opinion_index": 0,
      "case_paths": [
        "/ark/303/0560-01"
      ]
    },
    {
      "cite": "304 Ark. 663",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1880934
      ],
      "weight": 2,
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/ark/304/0663-01"
      ]
    },
    {
      "cite": "Ark. Code Ann. \u00a7 16-90-111",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1989,
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "char_count": 2574,
    "ocr_confidence": 0.89,
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    "sha256": "132de3cc65c0b13ca5631be9d787937fff3fd934729cb8f8783a29e7b9dee86e",
    "simhash": "1:4fee34be71697b11",
    "word_count": 432
  },
  "last_updated": "2023-07-14T19:13:54.665869+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Doug GUIRE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn August 5,1991, the appellant Doug Guire pleaded guilty to possession of drug paraphernalia, possession of a controlled substance with intent to manufacture, the offense of felon in possession of a firearm, and possession of a controlled substance with intent to deliver. He was sentenced as a habitual offender to concurrent terms of imprisonment and is serving fifteen years in the Arkansas Department of Correction. A fine of $7,500 was also imposed.\nOn the one-hundred-twentieth-day after the judgment was entered, appellant filed in the trial court a petition pursuant to Ark. Code Ann. \u00a7 16-90-111 (Supp. 1989) in which he alleged that the twenty years imprisonment with five years suspended which was imposed for possession of a controlled substance with intent to deliver was illegal or imposed in an illegal manner. The trial court denied the petition, and the record has been lodged here on appeal. Appellant seeks appointment of counsel to represent him on appeal and an extension of time to file a brief in the case. We deny the motion and dismiss the appeal because there is clearly no merit to the appeal. This court has consistently held that motions will not be granted which have the effect of continuing a clearly meritless appeal. Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987).\nArkansas Code Annotated \u00a7 16-90-111 (Supp. 1989) provides a remedy within one-hundred-twenty days of the date of judgment where the petitioner can establish that the sentence imposed on him was illegal. Petitioner, who does not contend that he did not plead guilty to a Class Y felony, argued in the petition that he should have been charged with a Class B felony because he was in possession of less than 28 grams of the controlled substance, methamphetamine, which is a schedule II drug.\nAppellant\u2019s challenge to the sentence imposed against him was in the nature of an attack on the sufficiency of the evidence. An attack on the sufficiency of the evidence is not cognizable under Ark. Code Ann. \u00a716-90-111. The sufficiency of the evidence was a matter to be argued in the trial court, and by pleading guilty, appellant waived the claim that the evidence was insufficient to convict him.\nMotion denied and appeal dismissed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Appellant, pro se.",
      "Winston Bryant, Att\u2019y Gen., by: Didi H. Sailings, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Doug GUIRE v. STATE of Arkansas\nCR 92-301\n832 S.W.2d 457\nSupreme Court of Arkansas\nOpinion delivered April 13, 1992\nAppellant, pro se.\nWinston Bryant, Att\u2019y Gen., by: Didi H. Sailings, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0209-01",
  "first_page_order": 233,
  "last_page_order": 234
}