Carroll v. State
2013 Ark. App. 640
Ark. Ct. App.2013Background
- In July 2011 Carroll was placed on probation: 24 months for Class C felony theft by receiving and 12 months for misdemeanor unlawful copying/sale of recordings.
- In December 2012 the State petitioned to revoke Carroll’s probation alleging violations of required conditions.
- At a March 12, 2013 revocation hearing the circuit court found violations and revoked probation for both offenses; written order (Mar. 21, 2013) sentenced Carroll to 7 years DOC for the felony and 12 months county jail for the misdemeanor, to run concurrently.
- Carroll’s counsel filed an Anders no-merit brief and motion to withdraw; Carroll filed no points on appeal.
- The Arkansas Court of Appeals reviewed the record, concluded the revocation and evidentiary ruling were supported, granted counsel’s motion to withdraw, and affirmed—except it modified the judgment because the misdemeanor probation had already expired before the revocation petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly revoked probation for violations | State: Carroll violated probation conditions and revocation was warranted | Carroll: (implicit) revocation not warranted; counsel raised no meritorious points | Court: Evidence supported finding of violations; revocation of felony probation affirmed |
| Admissibility of probation officer’s testimony about reporting frequency | State: Officer’s testimony about reporting requirement was admissible | Carroll: Objected to that testimony (relevance/other basis) | Court: Overruled objection; testimony admissible and ruling correct |
| Legality of revoking misdemeanor probation after it expired | State: Sought revocation of both probations in same petition | Carroll: (implicit) revocation improper because misdemeanor probation had expired | Court: Revocation of the misdemeanor was illegal because twelve‑month probation had expired before petition; judgment modified to delete misdemeanor revocation |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek withdrawal when appeal is frivolous)
- Campbell v. State, 289 Ark. 454 (Ark. 1986) (appellate court may modify judgment in a no‑merit appeal when records show a conviction unsupported)