Arkansas Supreme Court affirms denial of Willie McDaniels’ petition to correct sentence

The Arkansas Supreme Court on March 13 affirmed the Pulaski County Circuit Court’s denial of a pro se petition by Willie McDaniels to correct what he called an illegal sentence, saying his concurrent 480‑month terms were within the statutory range for Class Y felonies. Associate Justice Rhonda K. Wood wrote the opinion affirming the circuit court’s order in Cause No. CR‑24‑144.

McDaniels was convicted by a jury on two counts of rape and sentenced to concurrent terms of 480 months’ imprisonment on each count. The opinion notes the Arkansas Court of Appeals affirmed the convictions on direct appeal (McDaniels v. State, 2012 Ark. App. 219), and a later postconviction petition under Arkansas Rule of Criminal Procedure 37.1 was denied and that denial was affirmed (McDaniels v. State, 2014 Ark. 181, 432 S.W.3d 644). McDaniels filed the petition at issue under Arkansas Code Annotated section 16‑90‑111(a), which allows a trial court to correct an illegal sentence at any time.

The court explained that an "illegal sentence" is one that is illegal on its face and that generally a sentence imposed within the maximum term prescribed by law is not illegal on its face (citing Woodruff v. State, 2024 Ark. 13). At the time of sentencing, the court observed, a Class Y felony carried a range of not less than 10 years and not more than 40 years, or life (Ark. Code Ann. § 5‑4‑401). Because McDaniels’ 480‑month terms equal 40 years, the Supreme Court concluded the sentences were within the statutory range and therefore facially legal; the circuit court properly dismissed the petition.

The opinion also notes that McDaniels raised additional arguments on appeal alleging ineffective assistance of counsel — including that counsel was silent when the trial court sent the jury back to deliberate after an initial partial deadlock on one count, that counsel was inattentive during trial, and that sentencing documents lacked supporting documentation for a departure — but the court declined to address those claims because they were either not raised below or were abandoned on appeal (citing Jackson v. State, 2018 Ark. 209; Cullen v. State, 2023 Ark. 172). Associate Justice Mark Allison joined the opinion; Justice Bronni did not participate.

The appellee was represented by Tim Griffin, Arkansas Attorney General, through Assistant Attorney General James Hill. The underlying circuit judge was the Honorable Cathleen V. Compton, Pulaski County Circuit Court, Third Division (No. 60CR‑09‑187).