Pugh-Hayes v. State
2017 Ark. App. 54
| Ark. Ct. App. | 2017Background
- In 2006 Pugh-Hayes pleaded guilty to violating the Arkansas Hot Check Law and was sentenced to ten years’ probation (five supervised, five unsupervised).
- She later pleaded guilty to third-degree domestic battery in 2014; sentencing was deferred for 12 months conditioned on compliance.
- Multiple petitions to revoke probation were filed (2012, then amended petitions in 2015); final revocation hearing occurred July 20, 2015.
- At the revocation hearing, probation officer testimony and Pugh-Hayes’s own admissions (marijuana use and out-of-state travel to a Mississippi casino) supported alleged violations; financial records showed unpaid balances.
- The trial court revoked probation and sentenced Pugh-Hayes to six years in the Arkansas Department of Correction; post-revocation motions were filed but either not shown served or deemed denied after 30 days.
Issues
| Issue | Plaintiff's Argument (Pugh-Hayes) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Probation revocation | Revocation improper; challenges to scope/jurisdiction and evidence | Evidence and Pugh-Hayes’s admissions establish at least one violation | Revocation affirmed — at least one violation proven, admissions sufficient |
| Request for time to surrender | Asked for two weeks to surrender to custody | Trial court did not enter a denial and could consider sheriff’s recommendation | No reversible error; request not a meritorious basis for appeal |
| Motions for rehearing/new trial (including claims of jurisdictional error, inability to pay, ineffective assistance) | Sought new trial and raised various claims including jurisdictional defect, improper sentencing during unsupervised probation, inability-to-pay claim, ineffective assistance | Motions appear unserved and contain no new evidence; even on merits, no abuse of discretion and admissions corroborate violations | Deemed denied by operation of law; no arguable merit for appeal given lack of new evidence and admissions |
| Motion for release on bond (emergency) | Asked for release on bond due to emergency circumstances | Motion was not ruled on and deemed denied after 30 days; no meritorious basis shown | Deemed denied; insufficient for meritorious appeal |
Key Cases Cited
- Richardson v. State, 85 Ark. App. 347 (addresses standard of review for probation-revocation findings)
- Haley v. State, 96 Ark. App. 256 (one violation is sufficient to revoke probation)
- Brooks v. State, 76 Ark. App. 164 (motion for new trial requires new evidence to justify rehearing)
- Dodson v. State, 326 Ark. 637 (requirements for raising ineffective-assistance claims on direct appeal)
- Anders v. California, 386 U.S. 738 (procedure for counsel seeking to withdraw on appeal when appeal is frivolous)