2014 Ark. App. 589
Ark. Ct. App.2014Background
- Tracy Davis pled guilty in 2011 to violating the Arkansas Hot Check Law; the circuit court suspended imposition of sentence for five years.
- The State filed a petition to revoke the suspended sentence in April 2012; the court reimposed a new five-year suspended sentence in December 2012.
- In May 2013 the State filed another petition to revoke the new suspension, alleging Davis committed a new offense (theft of air-conditioner coils from a middle school), failed to pay court costs, and failed to pay restitution.
- On the day of the June 6, 2013 revocation hearing, Davis moved for a continuance to obtain discovery about the new criminal charge, asserting he did not commit the theft and that others had been reported at the school.
- The circuit court denied the continuance, held a revocation hearing, revoked Davis’s suspended sentence, and sentenced him to ten years’ imprisonment (to be served consecutively with a second ten-year sentence from a companion revocation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Davis’s same-day motion for continuance of the revocation hearing | Davis: continuance necessary to obtain discovery and investigate alternate suspects; without it, he was prejudiced | State: no abuse of discretion in denying continuance; proceedings may properly go forward without delay | Denial affirmed — court found no abuse of discretion and relied on same reasoning applied in Davis’s companion case |
Key Cases Cited
- Mahomes v. State, 427 S.W.3d 123 (Ark. Ct. App. 2013) (continuances require showing of good cause; denial reviewed for abuse of discretion and must show prejudice amounting to denial of justice)