Appellant, William Leslie Boone, appeals from a judgment revoking his suspended sentence, contending that his revocation hearing was not timely held and that proper credit was not given for the time he had Spent in jail. We affirm the judgment with the modification that appellant be given credit for 114 days against his five year sentence.
In 1978, after incarceration for 114 days, appellant pleaded guilty to a charge of false imprisonment and received a suspended sentence of five years. On July 17, 1979, appellant was arrested upon charges of second degree forgery (later reduced to criminal impersonation) and third degree escape. He pleaded guilty to the escape charge on July 19, 1979 and to the reduced charge of criminal impersonation on September 11, 1979, and received 90 day sentences to be served concurrently. While appellant was serving the 90 day sentence, the prosecuting attorney filed a petition for revocation of his five year suspended sentence, and a bench warrant was issued on August 10, 1979, for appellant’s arrest. Although the bench warrant was never served, a revocation hearing was held on October 26, 1979 in which appellant’s five year suspended sentence was revoked.
First, appellant contends that his revocation hearing was not held within 60 days of his arrest as required by statute. See Ark. Star. Ann. § 41-1209 (2) (Repl. 1977). Since appellant was already incarcerated on August 10, 1979, when the warrant of arrest on the revocation petition was issued, he contends that the 60-day time limit for his revocation hearing should begin to run from that date since he was “constructively under arrest.” Notwithstanding appellant’s theory of “constructive arrest,” we have consistently held that the statutory 60-day limitation for a revocation hearing begins to run from a defendant’s arrest for violation of the terms of suspension, not from his arrest for other charges. Walker v. Srtate,
Affirmed as modified.
