Johnson v. State
In Johnson v. State, 249 Ark. 208, 458 S.W.2d 409 (1970), the supreme court set aside the portion of the trial court's judgment that added an additional seven-year term of imprisonment for the use of a firearm in a robbery.
The supreme court set forth two reasons for its action: 1) the use of a firearm was not alleged in the Information charging the defendant, and 2) the trial court made its own determination concerning the use of the firearm and then added the seven-year sentence to the fifteen-year sentence that had already been imposed by the jury. See Johnson v. State, 249 Ark. at 214, 458 S.W.2d at 412.