JUNE 1, 2005 - Posted at 5:03 p.m. CDT
LITTLE ROCK, AR - The Arkansas Court of Appeals said today that a sentence imposed on a man convicted in a drug case was too harsh. The judges sent the case back to Crittenden County for another sentence hearing.
David Anthony Braswell pleaded guilty in 2002 and was sentenced to five years in prison for possession of a controlled substance and also given a ten-year suspended sentence for sale and delivery of a controlled substance.
After Braswell's release, the state filed a petition in 2004 to revoke the suspended sentence. Circuit Judge David Burnett sentenced Braswell to 25 years in prison and gave him a 25-year suspended sentence that would start when Braswell left prison.
The Court of Appeals said the new sentence should have been limited to 40 years instead of the 50-year term.