Heath v. State
2016 Ark. App. 47
Ark. Ct. App.2016Background
- Heath was sentenced in Nov 2010 to 120 months’ SIS for residential burglary.
- In Nov 2014, the State filed a petition for revocation alleging Heath violated suspension conditions, including leading a law-abiding life.
- A revocation hearing occurred and the circuit court found Heath violated by committing or attempting residential burglary.
- On Jan 30, 2015, Heath’s SIS was revoked and he received a 180-month sentence to the ADC.
- Heath appeals arguing the State failed to prove the required intent element for residential burglary, and the record is incomplete.
- The court remanded for settlement and supplementation of the record and ordered rebriefing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the intent element for residential burglary proven? | Heath | State | Remand for record settlement; no ruling on merits yet |
| Is the record complete due to missing verbatim transcription of the police interview? | Heath | State | Remand to compel verbatim transcription and supplement the record |
| Appropriate remedy on appeal given deficient record-style issues? | Heath | State | Remanded to settle and supplement; rebriefing ordered |
Key Cases Cited
- Williams v. State, 362 Ark. 416 (2005) (duty to require verbatim record of custodial statements when played)
- Dillard v. State, 2012 Ark. App. 503 (2012) (abstracting allowed only if statement completely comprehensible)
- Hodge v. State, 329 Ark. 57 (1997) (verbatim record requirement for videotaped statements)