Mangum v. State

Cite as 2014 Ark. App. 372ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-13-900
Opinion Delivered June 18, 2014
EARL MANGUM, III APPEAL FROM THE SALINE
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-63CR-10-439-2A]
V. HONORABLE GARY M. ARNOLD,
JUDGE
STATE OF ARKANSAS
APPELLEE APPEAL DISMISSED
ROBERT J. GLADWIN, Chief Judge
Appellant Earl Mangum, III’s probationary sentence, which was the result of an
October 11, 2010 guilty plea to charges of commercial burglary and first-degree criminal
mischief, was revoked by the Saline County Circuit Court. The State filed a petition to
revoke Mangum’s probation on February 2, 2012. On April 9, 2012, Mangum changed his
plea to guilty in the probation-revocation petition. After conducting a plea hearing, the
circuit court accepted Mangum’s plea of guilty to the probation-revocation petition, and
after a subsequent sentencing hearing on May 29, 2013, sentenced him to three years in the
Regional Correctional Facility. The circuit court entered a sentencing order on June 13,
2013, and an amended sentencing order on June 19, 2013. Mangum timely filed a notice
of appeal on July 11, 2013.
Cite as 2014 Ark. App. 372Appellant’s counsel has now filed a motion to withdraw and a brief pursuant to Anders
v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2013). The
clerk of this court provided Mangum with a copy of his counsel’s brief and notified him of
his right to file a pro se statement of points for reversal within thirty days. Mangum did not
file pro se points; as a consequence, the attorney general did not file a brief in response.
Mangum is not permitted to bring an appeal. Except as provided by Arkansas Rule
of Criminal Procedure 24.3(b) (2013), there shall be no appeal from a plea of guilty or nolo
contendere. Ark. R. App. P.–Crim. 1(a) (2013). Rule 24.3(b) allows a defendant to enter
a conditional guilty plea under certain specified circumstances, but Mangum did not enter
a conditional plea under Rule 24.3(b).
Our supreme court has recognized two other exceptions to Rule 1(a). An appeal may
be taken after a guilty plea when the issue on appeal is one of evidentiary errors that arose
after the plea but during the sentencing phase of the trial, regardless of whether a jury was
impaneled or the trial judge sat as the trier of fact during that phase. Johnson v. State, 2010
Ark. 63. An appeal may also be taken from the denial of a postjudgment motion to amend
an incorrect or illegal sentence following a guilty plea. Reeves v. State, 339 Ark. 304, 5
S.W.3d 41 (1999). Neither of those exceptions applies here—our review of the entire record
indicates that there is no challenge to the evidence presented during the sentencing portion
of Mangum’s probation-revocation plea hearing, and there is no challenge to the validity of
the sentence itself. Mangum’s appeal is therefore dismissed. See Hubbard v. State, 2012 Ark.
App. 443.
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Cite as 2014 Ark. App. 372Appeal dismissed.
PITTMAN and WHITEAKER , JJ., agree.
Dyer and Jones, by: F. Parker Jones III, for appellant.
No response.
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