Flemons v. State
2014 Ark. App. 131
| Ark. Ct. App. | 2014Background
- Aaron Flemons had prior convictions (possession with intent to deliver cocaine and criminal mischief in 2001; third-degree domestic battery in 2009) and received suspended imposition of sentence (SIS) terms in addition to executed time.
- In December 2011 the State filed an amended petition to revoke Flemons’s SIS alleging multiple new offenses: several cocaine deliveries (including one counterfeit substance), two domestic batteries, and fleeing the scene of a personal-injury accident.
- Revocation hearings were held December 15, 2011 and January 13, 2012; the trial court found Flemons violated the terms of his SIS and sentenced him to thirty years’ imprisonment.
- Counsel filed Anders-style no-merit motions to withdraw; Flemons filed pro se claims asserting ineffective assistance and illegal sentence. The Court of Appeals remanded once to settle the record and ordered rebriefing on illegal-sentence issues.
- The narcotics investigator testified to four controlled buys (three testing positive for cocaine, one a waxy counterfeit) and the court relied on those and other conduct in revoking SIS; the Court of Appeals ultimately found the appeal wholly without merit and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke SIS | Flemons: evidence insufficient to show violation | State: evidence of at least one violation (controlled buys, other misconduct) supports revocation | Revocation supported; only preponderance required and evidence suffices |
| Adverse evidentiary rulings at revocation hearing | Flemons: objections to hearsay/relevancy rulings were erroneous | State: trial court discretion and evidentiary rules relaxed in revocation hearings | No reversible error; rulings within court’s discretion |
| Legality of sentence (length/execution) | Flemons: sentence illegal/below statutory minimum or otherwise improper | State: court may impose any sentence originally available upon revocation; total term lawful | Sentence legal; within statutory range and court retained authority to impose it |
| Ineffective assistance of counsel | Flemons: counsel performed ineffectively during proceedings | State: claims not preserved for direct appeal; remedy is Rule 37 postconviction relief | Not preserved on direct appeal; may be raised in Rule 37 proceeding |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for court-appointed counsel to move to withdraw when appeal is frivolous)
- Haley v. State, 96 Ark. App. 256, 240 S.W.3d 615 (Ark. Ct. App. 2006) (revocation requires only proof of one violation by preponderance)
- Caswell v. State, 63 Ark. App. 59, 973 S.W.2d 832 (Ark. Ct. App. 1998) (rules of evidence relaxed in revocation hearings; trial court discretion on hearsay/relevancy)
- Cox v. State, 365 Ark. 358, 229 S.W.3d 883 (Ark. 2006) (court’s authority to impose previously available maximum on revocation)
- Ratchford v. State, 357 Ark. 27, 159 S.W.3d 304 (Ark. 2004) (ineffective-assistance claims are generally not preserved for direct appeal)