Background
Corey Turner pleaded guilty in 2018 to possessing methamphetamine with intent to deliver. As a habitual offender, he received a 20-year prison sentence with 60 days of jail-time credit, followed by a 10-year suspended imposition of sentence.
After Turner admitted violating the conditions of his suspension, the Clark County Circuit Court revoked it on January 14, 2025, and imposed five years’ imprisonment with one day of jail-time credit. Turner later sought additional credit for time he said he had spent in custody before his original 2018 sentencing and, in one filing, for time detained on new charges. The circuit court denied his March 27, 2025 motion on May 27, and Turner appealed that order.
The Court’s Holding
The Arkansas Court of Appeals dismissed the appeal for lack of jurisdiction. A request for jail-time credit raised through a posttrial motion must be filed within 30 days of the judgment under Arkansas Rule of Criminal Procedure 33.3. Turner’s March 27 motion came more than two months after the January 14 sentencing order.
The court further held that a posttrial motion not ruled on within 30 days is deemed denied, and a circuit court lacks jurisdiction to rule on it afterward. Thus, the circuit court had no authority to enter its May 27 order, and Turner did not timely appeal any deemed denial of his requests.
Key Takeaways
- A jail-time-credit request raised as posttrial relief must comply with Rule 33.3’s 30-day filing deadline.
- An unresolved posttrial motion is deemed denied 30 days after filing.
- A later circuit-court ruling cannot extend the deadline to appeal a deemed denial.
Why It Matters
The decision underscores that defendants seeking additional jail-time credit through posttrial motions must closely follow the deadlines governing those motions and appeals. A circuit court’s later merits ruling cannot cure an untimely filing or create appellate jurisdiction.