The opinion
Cite as 2025 Ark. App. 153
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-23-346
JOHNATHAN SUMMONS Opinion Delivered March 12, 2025
APPELLANT
APPEAL FROM THE SALINE
COUNTY CIRCUIT COURT
V. [NO. 63CR-21-549]
STATE OF ARKANSAS HONORABLE BRENT DILLON
APPELLEE HOUSTON, JUDGE
AFFIRMED
RAYMOND R. ABRAMSON, Judge
A Saline County jury convicted appellant Johnathan Summons of driving or boating
while intoxicated, sixth offense, and sentenced him to fifteen years’ imprisonment in case
number 63CR-21-549. The circuit court ordered that Summons serve the sentence
consecutively to his five-year sentence for fleeing in case number 63CR-21-548. Summons
subsequently filed a timely motion for credit pursuant to Arkansas Code Annotated section
5-4-404 (Supp. 2019) for time spent in custody, which the circuit court denied. On appeal,
Summons argues this denial was an abuse of discretion. We affirm the circuit court’s order
denying Summons’s motion for jail-time credit.
On February 24, 2021, Summons was arrested and charged in Saline County Circuit
Court case number 63CR-21-549 with the offense of driving or boating while intoxicated,
sixth offense. He was released on bond later that same day. On March 3, the Arkansas Board
of Parole (“Parole Board”) issued a warrant for Summons’s arrest in an unrelated criminal
case, Pulaski County Circuit Court case number 60CR-19-2956.
On March 29, Summons was arrested and charged with numerous offenses including
fleeing, and the charges were formally filed in Saline County Circuit Court case number
63CR-21-548. Summons was released on bond for those charges on March 31. However, he
was immediately arrested on the warrant issued by the Parole Board in case number 60CR-
19-2956 and was held in the Saline County jail until he was transferred to the Pulaski County
jail and ultimately to the Arkansas Division of Correction (“ADC”).
On April 28, 2022, a Saline County jury convicted Summons of driving or boating
while intoxicated, sixth offense, in case number 63CR-21-549 and sentenced him to fifteen
years’ imprisonment. On the same day, he pleaded guilty to fleeing in case number 63CR-
51-548, and he was sentenced to five years’ imprisonment. The circuit court ordered the
sentences in case numbers 63CR-21-549 and 63CR-21-548 to be served consecutively and
granted Summons credit for four days’ presentence jail time in the Saline County jail.
On appeal, Summons argues the circuit court abused its discretion by misapplying
Arkansas Code Annotated section 5-4-404 because it did not give him credit for the time he
was held in the Pulaski County jail as well as the time he was held in the ADC as a result of
the parole violation in case number 60CR-19-2956. He maintains that in addition to the
four days’ credit he received, he also was owed a total of 393 days for time spent in custody.
We find no merit in his argument that he is entitled to additional days of credit.
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Section 5-4-404 provides that a defendant is entitled to credit for time “held in
custody for conduct that results in a sentence to imprisonment[.]” Ark. Code Ann. § 5-4-
404. Our supreme court has held that credit for jail time served is appropriate only for the
time held in custody as the result of the conduct for which a defendant was sentenced. E.g.,
Bailey v. State, 2019 Ark. App. 53, at 4, 571 S.W.3d 21, 23. Thus, we hold that Summons is
not entitled to credit for the time served for his Pulaski County conviction, case number
60CR-19-2956, in the unrelated criminal cases in Saline County. The circuit court’s order
denying Summons’s motion is affirmed.
Affirmed.
HIXSON and BROWN, JJ., agree.
Johnathan Tyer Summons, pro se appellant.
Tim Griffin, Att’y Gen., by: Rebecca Kane, Ass’t Att’y Gen., for appellee.
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