Cite as
2017 Ark. App. 506
ARKANSAS COURT OF APPEALS
DIVISION II
No.CR-17-301
DAVID EUGENE LEWIS Opinion Delivered: October 4, 2017
APPELLANT APPEAL FROM THE ARKANSAS
COUNTY CIRCUIT COURT,
V. NORTHERN DISTRICT
[NO. 01S-CR-04-250]
STATE OF ARKANSAS HONORABLE DAVID G. HENRY,
JUDGE
APPELLEE
AFFIRMED
DAVID M. GLOVER, Judge
Appellant David Eugene Lewis was convicted of possession of cocaine with intent to
deliver and possession of marijuana with intent to deliver. He was sentenced to a cumulative
term of 1200 months in prison. His convictions were affirmed by this court on direct appeal.
Lewis v. State, 2010 Ark. App. 641.
Lewis filed a Rule 37 petition, which was denied except for the issue of jail-time
credit; the circuit court reserved ruling on that issue in order to receive more information.
On November 22, 2011, the circuit court issued a supplemental order granting Lewis a total
of 1194 days’ credit for the time spent in the Arkansas County Detention Center while
awaiting trial, despite Lewis’s contention he was entitled to 1298 days’ credit. On appeal,
our supreme court agreed with the circuit court’s denial of relief, including the circuit
Cite as 2017 Ark. App. 506
court’s calculation of 1194 days’ jail-time credit, and dismissed Lewis’s appeal because it was
clear Lewis could not prevail. Lewis v. State,
2013 Ark. 105.
On February 15, 2017, Lewis filed a motion for a nunc pro tunc order, arguing he
was entitled to 1298 days’ jail-time credit and asking for a nunc pro tunc order to correct
the commitment order to accurately reflect the proper amount of days of jail-time credit.
On February 16, 2017, the circuit court issued an order granting Lewis’s request that an
amended commitment order reflecting the correct amount of jail-time credit be entered but
denying Lewis any jail-time credit beyond the 1194 days to which the circuit court had
previously determined Lewis was entitled. An amended sentencing order was filed on
February 22, 2017. On March 15, 2017, Lewis filed a motion for reconsideration and
clarification of the February 16, 2017 order and for an evidentiary hearing, along with a
notice of appeal.
On appeal, Lewis argues that the circuit court erred by failing to rule on his motion
for reconsideration and clarification and for an evidentiary hearing, contending that the
circuit court’s failure to rule on his motion prevented him from seeking appellate review.
Lewis asks our court to remand to the circuit court for an evidentiary hearing to determine
the appropriate amount of jail-time credit. We affirm.
Lewis’s jail-time credit has already been determined by the circuit court to be 1194
days, and this calculation was affirmed by our supreme court. Lewis, 2013 Ark. 105, at 6.
Lewis is precluded by the law-of-the-case doctrine from raising this claim again, as this
doctrine dictates “that an issue raised and concluded in a prior appeal decision may not be
revisited in a subsequent appeal as the matter becomes res judicata.” Hill v. State,
2010 Ark.
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102, at 1. Furthermore, our court cannot overrule the Arkansas Supreme Court’s precedent.
Moore v. State,
2009 Ark. App. 863. Therefore, it is immaterial that the circuit court failed
to rule on the motion for reconsideration and clarification of the supplemental order and
for an evidentiary hearing. The circuit court’s ruling is affirmed.
Affirmed.
VIRDEN and MURPHY, JJ., agree.
David E. Lewis, pro se appellant.
Leslie Rutledge, Att’y Gen., by: Karen Virginia Wallace, Ass’t Att’y Gen., for appellee.
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