First Offenders Act: Lynn v. State

12 01 2012

The Arkansas Supreme Court dismissed the appeal in Lynn v. State.  The issue is whether an appeal can be had from a judgment and disposition order if the trial court sentenced the defendant to Act 346.  The Court cited Rule 1(a) of the Arkansas Rules of Appellate Procedure – Criminal and found that only appeals from “convictions” are available as a matter of right.  The Court recognized that it has stated on multiple occasions that a guilty plea under Act 346 is not a conviction.  Consequently, the Court found that the appellant had no right to appeal and dismissed the appeal.




Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: