On December 12, 1991, in Crittenden County Circuit Court case number 91-617, appellant entered a plea of guilty to the charge of possession of a controlled substance, and upon conviction, appellant was sentenced to ten years’ imprisonment in the Arkansas Department of Correction. In April 1993, appellant was released from the sentence imposed in case number 91-617, and his sentence for this offense was discharged in July of 1996.
Also on December 12, 1991, appellant entered a plea of guilty to the charge of delivery of a controlled substance, a Class Y felony, in case number 91-756. After entry of his guilty plea, appellant received a twenty-year sentence, imposition of which was suspended.
On December 11, 1997, the State filed a petition seeking revocation of the suspension of appellant’s sentence in case number 91-756. After a hearing on the State’s petition, the trial court granted the petition and sentenced appellant to twenty years’ imprisonment on the charge of delivery of a controlled substance. In 1998, appellant appealed the trial court’s order and the court of appeals affirmed the revocation in an unpublished opinion.
On March 12, 2002, appellant filed a petition seeking a writ of habeas corpus in the Circuit Court of Jefferson County. In his petition, appellant argued that the trial court lacked jurisdiction and that he was “being held pursuant to an invalid conviction.” Specifically, appellant argued that the original sentencing court erred when it suspended imposition of his sentence in case number 91-756 on the charge of delivery of a controlled substance. He argued that suspension of such a sentence was prohibited by statute. Next, appellant contended that the twenty-year suspended sentence imposed in case number 91-756 and the ten-year sentence that he received in case number 91-617 should have run concurrently. Finally, appellant argued that the second sentencing court erred when it sentenced him to twenty years’ imprisonment without taking into account the time which he served in case number 91-617. Appellant requested that his twenty-year sentence be “dismissed or corrected.”
On April 24, 2002, the Jefferson County Circuit Court entered an order denying appellant’s petition. It is from this denial that appellant appeals. We reverse the circuit court’s denial of appellant’s petition, grant appellant’s request for a writ of habeas corpus, and remand this case for resentencing.
We have explained the rules we follow when reviewing a petition for a writ of habeas corpus. Specifically, in Renshaw v. Norris, 337 Ark. 494, 989 S.W.2d 515 (1999), we wrote:
A writ of habeas corpus will issue where a commitment is invalid on its face or where the sentencing court lacked subject-matter jurisdiction to enter or modify the sentence. See, e.g., Sawyer v. State, 327 Ark. 421, 938 S.W.2d 843 (1997), Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). When a habeas corpus petition alleges that a sentence is void or illegal, we review the matter of the trial court’s subject-matter jurisdiction to enter such sentences regardless of whether an objection was made to the trial court.
Renshaw, supra. In Renshaw, we also noted that detention for an illegal period of time is precisely what a writ of habeas corpus is designed to correct. Id. In order to obtain habeas relief a petitioner must plead either the facial invalidity or the lack of jurisdiction and make a “showing, by affidavit or other evidence, [of] probable cause to believe” he is so detained. Flowers v. State, 347 Ark. 760, 68 S.W.3d 289 (2002); see also Ark. Code Ann. § 16-112-103 (1987).
Prior to reviewing the challenge to the validity of the judgment and commitment orders entered in this matter, we will consider whether the Crittenden County Circuit Court had jurisdiction over appellant’s case. In case number 91-756, appellant was charged by criminal information with the crime of selling or delivering a controlled substance. Arkansas Code Annotated § 16-88-101 (a) (3) (1987) provides in relevant part:
(a) The jurisdiction of the various courts of this state, for the trial of offenses, shall be as follows:
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(3) the circuit court shall have general jurisdiction for the trial of all offenses which may be prosecuted by indictment, and all prosecutions and penal actions. . . .[.]
Id. Based upon the foregoing statutory provision, we conclude that the Crittenden County Circuit Court had jurisdiction over case number 91-756 and had jurisdiction to accept appellant’s guilty plea entered in that case. Accordingly, any contention that the trial court lacked jurisdiction over appellant’s case is without merit.
Additionally, before considering the merits of appellant’s appeal, we note that in its brief, the State argues that' appellant should have raised the issues contained in his habeas petition during his direct appeal. In support of its proposition, the State cites Hutcherson v. State, 316 Ark. 551, 873 S.W.2d 164 (1994). In Hutcherson, a criminal defendant was seeking a writ of habeas corpus after his conviction had been affirmed on appeal. Hutcherson argued that the circuit co urt had no jurisdiction over his conviction because the federal and state authorities had violated a federal act. Id. We determined that Hutcherson’s argument was without merit and that his argument, which was not jurisdictional, should have been raised during his direct appeal. Id. (emphasis added). In Hutcherson, we also noted that a petition for writ of habeas corpus cannot serve as a substitute for an appeal of a criminal conviction. Id.
Mindful of the principles articulated in Hutcherson, we conclude that the State’s argument is misplaced. Specifically, the issues raised in appellant’s habeas petition involve allegations of a void or illegal sentence. We have said that we will treat allegations of void or illegal sentences similar to the way that we treat problems of subject-matter jurisdiction. See Flowers v. State, 347 Ark. 760, 68 S.W.3d 289 (2002), see also Renshaw v. State, 337 Ark. 494, 989 S.W.2d 515 (1999). Additionally, we have noted that detention for an illegal period of time is precisely what a writ of habeas corpus is designed to correct. Flowers, supra. Accordingly, because appellant’s petition raises allegations of an illegal sentence, and because we have held that such allegations are appropriate for writs of habeas corpus, we will proceed to our consideration of the merits of appellant’s petition.
In appellant’s first point on appeal, he argues that the judgment and commitment order entered in case number 91-756 in December of 1991 was facially invalid. Specifically, appellant argues that the trial court was without authority to suspend imposition of his sentence in case number 91-756. Appellant further argues that because his sentence was improperly suspended in 1991, in a facially invalid judgment and commitment order, the trial court was without authority to impose the terms of that sentence in the 1998 judgment and commitment order which was issued after the trial court granted the State’s revocation petition.
We note that in Arkansas, sentencing is entirely a matter of statute. State v. Stephenson, 340 Ark. 229, 9 S.W.3d 495 (2000). Sentencing may not be other than in accordance with the statute in effect at the time of the commission of the crime. Id. Where the law does not authorize the particular sentence pronounced by a trial court, that sentence is unauthorized and illegal, and the case must be reversed and remanded. Id.
We now consider whether the judgment and commitment order entered in case number 91-756 in December of 1991 was facially invalid. Appellant contends that the trial court lacked authority to impose the sentence that it entered in case number 91-756. Appellant further contends that because the trial court acted without authority, the order entered in case number 91-756 was invalid.
The order that appellant challenges sentenced appellant to twenty years’ imprisonment and suspended imposition of the sentence. Appellant argues that the trial court lacked authority to suspend imposition of the sentence. In support of his argument, appellant cites Ark. Code Ann. § 5-4-301 (a)(1)(F) (Supp 1991). This statute provides in relevant part:
(a)(1) A court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses:
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(F) Drug related offenses under the Uniform Controlled Substances Act § 5-64-101 et. seq____[.]
Ark. Code Ann. § 5-4-301(a)(l)(F); see also Ark. Code Ann. § 5-4-104(e)(1)(F) (Supp. 1991).
In case number 91-756, the case in which appellant received the twenty-year suspended sentence, appellant pleaded guilty to delivery of a controlled substance. According to the information filed in case number 91-756, the controlled substance that appellant delivered was cocaine. These actions were prohibited by the Uniform Controlled Substance Act. See Ark. Code Ann. § 5-64-401 (1987).
After reviewing the foregoing statutory provisions, we conclude that the trial court lacked authority to suspend imposition of appellant’s sentence in case number 91-756 and that the judgment and commitment order entered in that case was facially invalid. Specifically, appellant pleaded guilty to delivery of a controlled substance, a Class Y Felony, which was prohibited by the Uniform Controlled Substance Act. The trial court was therefore required by statute to sentence appellant to a term of imprisonment. Rather than sentencing appellant to a term of imprisonment and executing that sentence, the trial court sentenced appellant to a twenty-year term of imprisonment and suspended imposition of that sentence. The trial court lacked statutory authority to suspend the imposition of appellant’s sentence. Ark. Code Ann. § 5-4-301 (a)(1)(F). Therefore, the judgment and commitment order entered in case number 91-756 in December of 1991 was facially invalid.
Additionally, we conclude that habeas relief is proper in this case because in 1998, when the State petitioned to have the suspension of appellant’s sentence from case number 91-756 revoked, the trial court granted the State’s petition and erroneously imposed the invalid twenty-year sentence. Because the judgement and commitment order entered in January of 1998 was based on the facially invalid judgement and commitment order entered in 1991, we conclude that the twenty-year sentence that appellant is currently serving is illegal. Because the trial court exceeded its statutory authority by suspending imposition of appellant’s twenty-year sentence, and because the trial court erred in imposing a sentence from a facially invalid judgment and commitment order, we reverse the trial court’s order denying appellant’s petition and remand this case for resentencing. See Bangs v. State, 310 Ark. 235, 835 S.W.2d 294 (1992) (holding that if the original sentence is illegal, even though partially executed, the sentencing court may correct it).
In his second point on appeal, appellant contends that the sentences that he received in case numbers 91-756 and 91-617 were to have been served concurrently. Based on this argument, appellant contends that in 1998 when his suspended sentence was revoked in case number 91-756 the trial court should have deducted the time which he served in case number 91-617 from the twenty years which it imposed. Appellant’s argument is based on the principle that multiple sentences run concurrently unless the court orders the sentences to run consecutively. See Ark. Code Ann. § 5-4-403(a) (Suppl. 2001). A review of the judgment and commitment orders entered in case numbers 91-617 and 91-756 does not reveal whether the trial court intended that appellant’s sentences were to be served consecutively or concurrently. Thus, pursuant to Ark. Code Ann. § 5-4-403, we must assume that the sentences were to have been served concurrently. We conclude that the trial court erred when it imposed appellant’s suspended sentence in case number 91-756 without taking into consideration the time which appellant served in case number 91-617. Accordingly, upon remand and resentencing the trial court should reduce appellant’s sentence in case number 91-756 by the time which appellant served in case number 91-617. As previously noted, in December of 1991, appellant was sentenced to ten years’ imprisonment in case number 91-617. Appellant was paroled in April of 1993, and had his sentence in case number 91-617 discharged in July of 1996.
In his final point on appeal, appellant argues that his case is governed by principles articulated in Hunter v. State, 278 Ark. 428, 645 S.W.2d 954 (1983). In Hunter, we were asked to review various sentences imposed on a criminal defendant. The portion of the opinion upon which appellant relies involves the imposition of two competing sentences as punishment for one crime. Id. In Hunter, after discussing the applicable statutory provisions, we concluded that the trial court erred. Id. Specifically, we wrote:
Appellant was given an indefinite sentence to the Arkansas Juvenile Training School and, at the same time, the trial court attempted to suspend imposition of sentence. The crime was committed on April 29, 1980, and the statutes then in effect, Ark. Stat. Ann. 41-803(4) and 41-1204 (Repl. 1977) did not authorize a concurrent imposition of an indefinite sentence along with a suspension of imposition of an imprisonment sentence. The trial court could have provided for a sentence to imprisonment followed by suspension as to an additional term of imprisonment, Ark. Stat. Ann. 41-803(4) (Repl. 1977) or it could have provided for suspension of an imposition of a sentence of imprisonment and as an additional condition require confinement in a detentional facility for up to 90 days. Ark. Stat. Ann. 41-1204 (1), (3) (Repl. 1977). However, the trial court could not give an indefinite sentence coupled with a suspension of imposition of sentence. Thus, the court could validly grant one judgment or the other but not both. One judgment was the imposition of a sentence and the other was the suspension of the imposition of a sentence. The sentence imposed was served. We hold that when a court grants unauthorized dual judgments of sentence and one is imposed and served, and the other is the suspension of a sentence, there is an election by operation oflaw and the sentencing court has elected to order the sentence actually imposed. The other is void. Thus, the definite sentence to the Training School was valid and the suspension of the imposition of the sentence of imprisonment was void.
Hunter, supra, (emphasis added).
Based on the foregoing language, appellant argues that “when appellant discharged his ten-year-class-C felony on July 16,1996 [in case number 91-617], he was no longer bound by the twenty year suspended imposition of sentence [in case number 91-756] because the trial court elected by operation of law to impose the ten year class C felony.” Appellant’s argument is misplaced. Specifically, in appellant’s case, unlike in Hunter, unauthorized dual judgments were not entered. In the case now before us, two sentences were entered in two separate cases. The void or illegal sentence was entered in case number 91-756. This sentence is separate and distinct from the valid sentence entered in case number 91-617. Because unauthorized dual judgments were not entered in either of appellant’s cases, no operation oflaw occurred. Additionally, because there was no election by operation oflaw involved in appellant’s cases, the completion of the sentence in case number 91-617 does not operate to relieve appellant from serving a valid sentence for the crime to which he pleaded guilty in case number 91-756. Accordingly, appellant’s third point on appeal is without merit.
In his reply brief, appellant cites Rule 26.1 of the Arkansas Rules of Criminal Procedure, and seems to be arguing that his petition for habeas relief should have been granted because if he had known that his twenty^year sentence could not be suspended in case number 91-756, he would have withdrawn his guilty plea.1 We cannot consider appellant’s argument because he is attempting to raise a new argument in his reply brief. See City of Dover v. A. G. Barton, 342 Ark. 521, 29 S.W.3d 698 (2000) (holding we do not consider arguments made for the first time in appellant’s reply brief). Additionally, after reviewing appellant’s petition, we conclude that this argument was not presented to the trial court. Accordingly, we are precluded from considering this argument on appeal. See Tucker v. State, 336 Ark. 244, 983 S.W.2d 956 (1999) (holding we will not address arguments raised for the first time on appeal).
Reversed and remanded. Glaze, Brown, and Imber, JJ., concur.Rule 25.1 provides in part:
(a) A defendant may withdraw his or her plea of guilty or nolo contendere as a matter of right before it has been accepted by the court. A defendant may not withdraw his or her plea of guilty or nolo contendere as a matter of right after it has been accepted by the court; however, before entry of judgment, the court in its discretion may allow the defendant to withdraw his or her plea to correct a manifest injustice if it is fair and just to do so, giving due consideration to the reasons advanced by the defendant in support of his or her motion and any prejudice the granting of the motion would cause the prosecution by reason of actions taken in reliance upon the defendant’s plea. A plea of guilty or nolo contendere may not be withdrawn under this rule after entry of judgment.
(b) Withdrawal of a plea of guilty or nolo contendere shall be deemed to be necessary to correct a manifest injustice if the defendant proves to the satisfaction of the court that:
(iv) he or she did not receive the charge or sentence concessions contemplated by a plea agreement and the prosecuting attorney failed to seek or not to oppose the concessions as promised in the plea agreement; or
(v) he or she did not receive the charge or sentence concessions contemplated by a plea agreement in which the trial court had indicated its concurrence and the defendant did not affirm the plea after receiving advice that the court had withdrawn its indicated concurrence and after an opportunity to either affirm or withdraw the plea.
Id.