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EARLS v. STATE

No. CACR12-439.

2013 Ark.App. 111

JOHNNY EUGENE EARLS, APPELLANT, v. STATE OF ARKANSAS, APPELLEE.

Court of Appeals of Arkansas, Division I.

Opinion Delivered February 20, 2013.

Attorney(s) appearing for the Case

Jones Law Firm, PLLC by: Leon Jones, Jr., for appellant.

Dustin McDaniel, Att'y Gen., by: Rachel Hurst Kemp, Ass't Att'y Gen., for appellee.

RITA W. GRUBER, Judge.

Johnny Eugene Earls appeals the circuit court's sentencing order in this revocation case. He contends that the sentences exceed the allowable statutory range for the two underlying felonies and are therefore illegal. We agree and remand for resentencing.

It is well settled that an appellant may challenge an illegal sentence for the first time on appeal, even if he did not raise the argument below. Donaldson v. State, 

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