2013 Ark. App. 716
Ark. Ct. App.2013Background
- Kendrick pleaded guilty to theft-of-property on Feb. 23, 2012, and received 72 months’ probation with conditions including restitution, fines, fees, and supervision costs.
- The State petitioned to revoke probation for nonpayment of restitution, fines, and fees, nonpayment of supervision fees, and new felony charges.
- At the revocation hearing, the circuit court found by a preponderance that Kendrick inexcusably violated probation and sentenced him to six years’ imprisonment.
- On appeal, Kendrick argued the court erred by not applying Ark. Code Ann. § 5-4-205(f)(3) factors and by not preserving the issue for appeal.
- Kendrick also argued the judgment form was defective because a box was not checked; the court determined the clerical error did not invalidate the judgment and remanded to correct the sentencing order.
- The court affirmed the revocation finding but remanded for correction of the sentencing order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation court properly considered statutory factors. | Kendrick argues factors were not considered. | State contends issue not preserved for appeal. | Not preserved; affirmed on other grounds. |
| Whether there was sufficient evidence of inexcusably violating probation. | Kendrick contends insufficient evidence. | State asserts sufficient evidence. | Sufficient evidence supported the decree. |
| Whether the judgment form contained a clerical defect invalidating the sentence. | Kendrick argues improper judgment due to unchecked box. | State maintains clerical error does not invalidate judgment. | Clerical error; remand for corrected sentencing order. |
Key Cases Cited
- Strong v. State, 372 Ark. 404, 277 S.W.3d 159 (2008) (preservation requirement; arguments must be raised at trial to be preserved)
- Hanna v. State, 2009 Ark. App. 809, 372 S.W.3d 375 (2009) (defendant cannot rely on trial court to inquire excuses for nonpayment)
- Lewis v. State, 336 Ark. 469, 986 S.W.2d 95 (1999) (judgment validity; clerical errors do not prevent enforcement)
- Vance v. State, 2011 Ark. 243, 383 S.W.3d 325 (2011) (clerical error does not render judgment improper)