{
  "id": 1907823,
  "name": "Alvin McKEE v. STATE of Arkansas",
  "name_abbreviation": "McKee v. State",
  "decision_date": "1994-02-28",
  "docket_number": "CR 93-1151",
  "first_page": "174",
  "last_page": "176",
  "citations": [
    {
      "type": "official",
      "cite": "316 Ark. 174"
    },
    {
      "type": "parallel",
      "cite": "871 S.W.2d 351"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "Ark. Code Ann. \u00a7 5-4-401",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "pin_cites": [
        {
          "page": "(4)"
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      "opinion_index": 0
    },
    {
      "cite": "864 S.W.2d 854",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "year": 1993,
      "opinion_index": 0
    },
    {
      "cite": "315 Ark. 20",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1910457
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      "year": 1993,
      "opinion_index": 0,
      "case_paths": [
        "/ark/315/0020-01"
      ]
    },
    {
      "cite": "292 Ark. 411",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1871301
      ],
      "weight": 2,
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
        "/ark/292/0411-01"
      ]
    },
    {
      "cite": "300 Ark. 398",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1886733
      ],
      "weight": 2,
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/ark/300/0398-01"
      ]
    },
    {
      "cite": "Ark. Code Ann. \u00a7 16-90-111",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1993,
      "pin_cites": [
        {
          "page": "(a)"
        }
      ],
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 208,
    "char_count": 2839,
    "ocr_confidence": 0.892,
    "pagerank": {
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    "sha256": "004536f6a393176e4509b004a589467728a6beb4817b454d9dfcfb5247bec57e",
    "simhash": "1:207ee8f37ae0ca52",
    "word_count": 497
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  "last_updated": "2023-07-14T14:45:44.703271+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Corbin, J., not participating."
    ],
    "parties": [
      "Alvin McKEE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe appellant Alvin McKee was charged with theft of property, a Class C felony, in that he exercised unauthorized control over property in the excess of $200.00 but less than $2500.00. It was also alleged that he should be sentenced as an habitual offender.\nIn addition to the Class C theft of property charge, there were numerous other charges pending against Mr. McKee, including four counts of escape. Mr. McKee pleaded guilty to the one count of Class C theft of property and four counts of escape. In exchange for the plea agreement several other charges against Mr. McKee were dropped. He was sentenced to twenty years imprisonment for the theft of property and five years for the four counts of escape, for a total of twenty-five years imprisonment. He was not sentenced as an habitual offender. He filed a petition to correct an illegal sentence which was denied without comment. Mr. McKee brings this appeal.\nMr. McKee was sentenced as though his theft of property were a Class B felony. Although the information and judgment and commitment order classifies the theft of property as a C felony, Mr. McKee\u2019s signed guilty plea statement characterized the theft of property as a Class B felony with a possible sentence of five to twenty years imprisonment. At the plea hearing, the court called the charge a \u201cB felony\u201d and told Mr. McKee that he could be sentenced from five to twenty years. The court said, \u201cAnd you know that you are charged with a count of theft which is a B felony, and carries five to twenty years.\u201d Mr. McKee answered, \u201cYes, sir.\u201d\nA circuit court may correct an illegal sentence at any time pursuant to the provisions of Ark. Code Ann. \u00a7 16-90-111(a) (Supp. 1993). An illegal sentence is one that is illegal on its face. Blanks v. State, 300 Ark. 398, 779 S.W.2d 168 (1989). The judge never made an official pronouncement of sentence orally. The judgment and commitment form reflected that Mr. McKee was convicted of a Class C felony, and that is what he was charged with in the information. Since Mr. McKee was not charged with a Class B felony, he could not have been convicted of one. As this court stated in Hedrick v. State, 292 Ark. 411, 730 S.W.2d 488 (1987), \u201cConviction upon a charge not made would be sheer denial of due process.\u201d See also Hagen v. State, 315 Ark. 20, 864 S.W.2d 854 (1993). Mr. McKee should have been sentenced for a Class C felony, the maximum sentence being ten years. Ark. Code Ann. \u00a7 5-4-401(4). Therefore, his sentence for theft of property is reduced to ten years.\nReversed.\nCorbin, J., not participating.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Green & Henry, by: J. Bradley Green, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Alvin McKEE v. STATE of Arkansas\nCR 93-1151\n871 S.W.2d 351\nSupreme Court of Arkansas\nOpinion delivered February 28, 1994\nGreen & Henry, by: J. Bradley Green, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0174-01",
  "first_page_order": 206,
  "last_page_order": 208
}