Vangilder v. State
555 S.W.3d 413
| Ark. Ct. App. | 2018Background
- In April 2017, Jessica Vangilder pled guilty to possession of a controlled substance, possession of drug paraphernalia, and misdemeanor theft; she was placed on probation for the felony charges and given a short county-jail term for the misdemeanor.
- The State filed a petition to revoke probation in May 2017, alleging Vangilder failed to report, failed to pay fines/fees, failed to complete community service, and tested positive for alcohol.
- At the June 23, 2017 bench revocation hearing, probation officer Stephanie Turner testified Vangilder missed multiple reporting dates, had unpaid fees/fines, had not completed community service, and failed an alcohol screen; defense presented no witnesses.
- The circuit court revoked probation and (per its written order) imposed two 36‑month sentences on the felonies and a 12‑month sentence on the theft misdemeanor, though the bench pronouncement referenced only one 36‑month term for the felonies and acknowledged the misdemeanor had been "disposed of."
- Vangilder appealed, arguing (1) the State failed to introduce probation terms or show she knew them, (2) insufficient evidence of violations, and (3) her sentence was illegal because the misdemeanor sentence had already been served and the written order conflicted with the bench pronouncement.
Issues
| Issue | Vangilder's Argument | State's Argument | Held |
|---|---|---|---|
| Whether revocation was invalid because State did not introduce probation terms or prove notice | State failed to introduce terms and prove she knew them | Argument unpreserved; terms not required as element at revocation and officer testified about terms | Not preserved; alternatively testimony was sufficient to establish terms |
| Whether evidence was sufficient to support revocation (failure to report; other alleged violations) | State failed to prove she knew of specific reporting dates or committed violations | Officer testified she missed reporting dates, home visit left instructions, and no contact after April 27 | Affirmed: testimony established failure to report; one violation suffices for revocation |
| Whether written sentence controls over conflicting bench pronouncement (two 36‑month vs one 36‑month) | N/A (challenge to sentence discrepancy) | Judgment and commitment order controls over oral pronouncement | No merit to this point; written judgment controls |
| Whether court could revoke probation and impose sentence on misdemeanor already fully served | Court lacked jurisdiction to modify/execute an already‑served sentence | Court imposed 12 months on misdemeanor despite prior credit/served time | Reverse as to misdemeanor: court lacked authority to revoke or re‑sentence that charge |
Key Cases Cited
- Sisk v. State, 81 Ark. App. 276, 101 S.W.3d 248 (establishes appellate review standard and deference to trial court on revocation sufficiency)
- Costes v. State, 103 Ark. App. 171, 287 S.W.3d 639 (procedural objections to evidence of probation terms must be raised below)
- Whitener v. State, 96 Ark. App. 354, 241 S.W.3d 779 (probation conditions are not an element to be proved at revocation hearing)
- Vance v. State, 2011 Ark. 243, 383 S.W.3d 325 (when oral pronouncement and written judgment conflict, the written judgment controls)
- Massey v. State, 278 Ark. 625, 648 S.W.2d 52 (court lacks jurisdiction to modify a sentence that has already been executed)
- Davis v. State, 169 Ark. 932, 277 S.W. 5 (same principle regarding executed sentences)
- Nelson v. State, 284 Ark. 156, 680 S.W.2d 91 (same principle regarding lack of authority to alter served sentence)