{ "id": 1910504, "name": "STATE of Arkansas v. Freddie Jerome WILLIAMS", "name_abbreviation": "State v. Williams", "decision_date": "1994-01-10", "docket_number": "CR 93-870", "first_page": "464", "last_page": "466", "citations": [ { "type": "official", "cite": "315 Ark. 464" }, { "type": "parallel", "cite": "868 S.W.2d 461" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "314 Ark. 576", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1912755 ], "weight": 2, "year": 1993, "opinion_index": 0, "case_paths": [ "/ark/314/0576-01" ] }, { "cite": "645 S.W.2d 954", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 1748392 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/ark/278/0428-01" ] }, { "cite": "314 Ark. 427", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1912780 ], "weight": 5, "year": 1993, "opinion_index": 0, "case_paths": [ "/ark/314/0427-01" ] }, { "cite": "Ark. Code Ann. \u00a7\u00a7 5-4-301", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1991, "pin_cites": [ { "page": "(a)(l)(F)" } ], "opinion_index": 0 }, { "cite": "Ark. Code Ann. \u00a7 16-93-501-10", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1991, "opinion_index": 0 }, { "cite": "Ark. Code Ann. \u00a7 5-64-401", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "opinion_index": 0 } ], "analysis": { "cardinality": 275, "char_count": 3350, "ocr_confidence": 0.867, "pagerank": { "raw": 2.618368932414396e-07, "percentile": 0.8210741243987584 }, "sha256": "616f7ade5fb51bcf39491234783e6955d4e97d4c4b2050189d497c251a3c8c8a", "simhash": "1:c29b4530143f528a", "word_count": 560 }, "last_updated": "2023-07-14T19:39:34.144281+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE of Arkansas v. Freddie Jerome WILLIAMS" ], "opinions": [ { "text": "Jack Holt, Jr., Chief Justice.\nPursuant to Ark. R. Crim. P. 36.10(c), the State of Arkansas brings this appeal, contending that the sentencing of appellee, Freddie Jerome Williams, to three years probation for possession of 2.677 grams of cocaine with intent to deliver was error. We agree with the State, reverse the findings of the trial court, and remand for resentencing.\nOn June 4, 1992, Pulaski County Sheriff\u2019s Department deputies placed Williams under arrest for possession of what appeared to be rock cocaine. Tests by the crime lab revealed that the \u201crocks\u201d were 2.677 grams of seventy-seven percent cocaine base.\nOn May 21, 1993, Williams pleaded guilty to a charge of violating Ark. Code Ann. \u00a7 5-64-401, possession of a controlled substance with intent to deliver. At sentencing, over the objection of the prosecutor, the circuit judge sentenced Williams pursuant to the provisions of the Alternative Service Act, Ark. Code Ann. \u00a7 16-93-501-10 (Supp. 1991), to \u201cthree years\u2019 supervised probation at the Watershed program ... You\u2019re to show proof to this office of attendance. You\u2019re further to submit to random drug testing and report weekly to this probation office. You\u2019re fined Two Hundred Dollars plus costs.\u201d\nThe State objected to this disposition of the case on the ground that intent to deliver cocaine is a Class Y felony and a minimum sentence of ten years is mandatory under Ark. Code Ann. \u00a7\u00a7 5-4-301(a)(l)(F) (Supp. 1991) and 5-4-104(e)(l)(F) (Supp. 1991).\nWilliams points out that Act 192 of 1993 amends \u00a7 5-4-301(a)(l)(F) and \u00a7 5-4-104(e)(l)(F) to remove the language from the two statutes which prohibited trial courts from imposing suspended imposition of sentence or probation of controlled substance offenders. This is true. However, his argument ignores the fact that the statute in effect on the date the crime was committed is the statute that must govern sentencing, State v. Townsend, 314 Ark. 427, 863 S.W.2d 288 (1993); Hunter v. State, 314 Ark. 427, 645 S.W.2d 954 (1983), and in the absence of a provision stating that an act will apply retroactively, the act will apply prospectively only. Townsend, supra.\nAct 192 of 1993 became effective on August 13, 1993 \u2014 more than a year after the crime was committed and even some months after the sentence in this case was fixed. As we have stated on several occasions, Act 192 do\u00e9s not provide for retroactive application, and, thus, its operation is prospective only.\nThese same issues were addressed a short while ago in State v. Whale, 314 Ark. 576, 863 S.W.2d 290 (1993) and Townsend, supra, and in both instances, we remanded the cases for resentencing. Although we have set a precedent in these cases as to the prospective application of Act 192 of 1993, we consider it appropriate to accept this appeal by the State under Ark. R. Crim. P. 36.10(c) in order to perpetuate uniformity in sentencing. Even-handedness on the part of our sentencing courts is necessary for the proper administration of justice.\nReversed and remanded for resentencing.", "type": "majority", "author": "Jack Holt, Jr., Chief Justice." } ], "attorneys": [ "Winston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellant;", "William R. Simpson, Jr., Public Defender, by: Don Thompson, Deputy Public Defender, for appellee." ], "corrections": "", "head_matter": "STATE of Arkansas v. Freddie Jerome WILLIAMS\nCR 93-870\n868 S.W.2d 461\nSupreme Court of Arkansas\nOpinion delivered January 10, 1994\nWinston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellant;\nWilliam R. Simpson, Jr., Public Defender, by: Don Thompson, Deputy Public Defender, for appellee." }, "file_name": "0464-01", "first_page_order": 496, "last_page_order": 498 }