Green v. State, 2014 Ark. App. 580

Green pled guilty to furnishing prohibited articles on March 16, 2006 and received four years’ probation.
State filed a petition to revoke probation on October 26, 2007 alleging multiple condition violations.
Revocation hearing occurred on September 9, 2013; probation was revoked and Green sentenced to three years’ imprisonment on September 20, 2013.
Probation had expired before the revocation order was entered, raising the issue of trial-court jurisdiction to revoke post-expiration.
Statutes allow post-expiration revocation if certain conditions exist; the record indicates a warrant may have been issued within probation but the warrant is not in the record.
Court remanded to settle and supplement the record to determine if valid post-probation jurisdiction existed; additional supplemental record and addendum procedures were ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to revoke post-expiration of probation	Green contends there was a valid basis (e.g., warrant) within the record to revoke after expiration	State argues post-expiration revocation requires a warrant or other listed conditions; absence of warrant in record leaves jurisdiction unresolved	Remanded to settle and supplement the record on jurisdiction

Gavin v. State, 354 Ark. 425 (2003) (loss of jurisdiction over a defendant cannot be waived)
Carter v. State, 350 Ark. 229 (2002) (jurisdictional issue for probation revocation)
Duncan v. State, 103 Ark. App. 107 (2008) (arrest warrant requirement for post-probation revocation)
Whitson v. State, 2013 Ark. App. 730 (2013) (supplemental record and certified record on appeal)