State of Arkansas v. Luis Ramirez

── State of Arkansas v. Luis Ramirez ── Court: Supreme Court of Arkansas Date: April 30, 2026 Category: General Cite as 2026 Ark. 92 SUPREME COURT OF ARKANSAS No. CR-25-468 Opinion Delivered: April 30, 2026 STATE OF ARKANSAS APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CR-22-554] V. HONORABLE BRAD KARREN, JUDGE LUIS RAMIREZ APPELLEE REVERSED AND REMANDED. NICHOLAS J. BRONNI, Associate Justice Appellee Luis Ramirez allegedly participated in a drive-by shooting, and the State charged him with attempted capital murder and various other crimes. The State later agreed not to pursue those charges—that is, to nolle pros them—if Ramirez joined the United States Marine Corps. It was a good deal for Ramirez, giving him the opportunity to right his life. But he never joined the Marines. Instead, just a few months later, Ramirez was allegedly involved in another altercation with the target of the earlier shooting. That led the State to reinstate Ramirez’s original charges. The circuit court then dismissed those charges based on the State’s agreement not to pursue them. The State appeals. In response, Ramirez argues this appeal is foreclosed and that the dismissal was proper. We accept the State’s appeal; hold that the circuit court erred in dismissing Ramirez’s charges; and reverse and remand for further proceedings.  Background In March 2022, Ramirez allegedly participated in a drive-by shooting, during which bullets barely missed a sleeping seven-year-old. The State charged Ramirez with attempted capital murder, a terroristic act, and unlawful discharge of a firearm from a vehicle. It also sought a sentencing enhancement for engaging in violent criminal group activity. A year later, the State moved to nolle pros Ramirez’s charges because he had been cooperative and truthful up to that point, was willing to continue cooperating, and was “in the process of joining the Marines.” With that background, the parties explained to the circuit court, the State’s agreement not to prosecute Ramirez was “contingent on [Ramirez’s] success[ful]” enlistment and that Ramirez’s enlistment—and enlistment alone— was the “basis for this nol-pros.” The parties also told the circuit court that if something beyond either Ramirez’s or the State’s control prevented his enlistment, the State would seek probation as an alternative sentence. On that basis, the circuit court granted the State’s motion to nolle pros the charges against Ramirez. Just months later, in June 2023, Ramirez was allegedly involved in another shooting with the target of the original drive-by shooting. Ramirez has never been charged in connection with that altercation. Instead, a month later, citing Ramirez’s failure to join the Marines, the State moved to reinstate the original March 2022 charges. The circuit court granted that motion. Ramirez then moved to dismiss those charges, arguing that he had a binding agreement with the State requiring dismissal. The circuit court granted Ramirez’s motion, finding that Ramirez had intended to join the Marines, that the State prevented him from 2 doing so when it reinstated his original charges, and that, as a result, he was entitled to equitable enforcement of the agreement not to prosecute him. It also concluded that equitable enforcement was appropriate because Ramirez had made a good-faith effort to join the Marines “by spending three hours with a tutor to take the required GED test to enlist” and had signaled a willingness to testify against others if necessary. It