By Ray King
The Arkansas Court of Appeals on Wednesday rejected claims by an inmate in the Arkansas Department of Corrections that the court that convicted him did not have jurisdiction in the case.
Gary Lee Gould, 39, was sentenced as an habitual offender to 480 months in prison after being convicted in 2020 of first-degree battery on a corrections officer at the Tucker maximum Security Unit where Gould was incarcerated.
In his appeal, Gould contended that the criminal information filed in his case did not bear a file mark from the circuit clerk which violates an administrative order of the supreme court.
He argued that because the criminal information and its criminal cover page did not have that file mark, the circuit court did not have jurisdiction, the sentencing order was void.
Court of Appeals Judge Robert Gladwin disagreed, writing that the information had a file marked cover sheet that specifically made reference to the “attached information” and listed all the pertinent information on Gould and the crime committed.
Gladwin also said that Gould failed to cite authority to support his claim and the appeals court will not reverse a decision when it is unsupported by citations of legal authority.
Gould is serving his sentence at the Varner Supermax Unit and will be eligible to apply for parole in 2030.
