Zemel v. State
2017 Ark. App. 438
Ark. Ct. App.2017Background
- In 2010 Zemel pleaded guilty to breaking or entering (Class D); imposition of sentence was suspended for six years and he was ordered to pay $750 (fine, costs, fee) at $50/month.
- The State first filed a revocation petition in March 2015 based on a pending misdemeanor assault charge and unpaid financial obligations; that petition was withdrawn after a plea to the misdemeanor.
- In February 2016 the State filed a new petition to revoke for failure to pay fines, costs, and fees; the State alleged his last payment had been June 11, 2010.
- At an August 17, 2016 stipulation hearing Zemel, with counsel, admitted he had not paid and agreed not to contest the petition; the court found a violation and continued sentencing 30 days so he could attempt payment.
- Zemel failed to pay by the continuance date; at the September 21, 2016 sentencing hearing the court revoked the suspension and sentenced him to two years in the ADC with four years suspended.
- Zemel appealed, arguing violations of equal protection, due process, the Eighth Amendment (cruel and unusual punishment and excessive fines), but he had expressly stipulated to the violation and agreed not to contest the revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal may be taken from Zemel’s unconditional stipulation/admission to violating his suspended sentence and agreeing not to contest revocation | Zemel contends the judgment violates Equal Protection, Due Process, and Eighth Amendment protections | State argues Zemel waived appellate review by stipulating to the violation (an unconditional guilty plea), barring appeal except in narrow exceptions | Appeal dismissed: unconditional plea/stipulation waives right to appeal; no applicable exceptions present |
Key Cases Cited
- Seibs v. State, 357 Ark. 331, 166 S.W.3d 16 (Ark. 2004) (explaining appeals from unconditional guilty pleas are barred except for two narrow exceptions)
- Canada v. State, 2014 Ark. 336, 439 S.W.3d 42 (Ark. 2014) (confirming that appeals generally are not allowed from guilty pleas except as provided by Rule 24.3)