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.


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