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Turman v. State

Court of Appeals of Arkansas, Division II

June 17, 2015

HAILEY MICHELLE TURMAN, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT. NO. 17CR-13-270. HONORABLE MICHAEL MEDLOCK, JUDGE.

Vaughn Law Firm, by: Jason L. Vaughn, for appellant.

Leslie Rutledge, Att'y Gen., by: Pamela Rumpz, Ass't Att'y Gen., for appellee.

BRANDON J. HARRISON, Judge. GRUBER and VAUGHT, JJ., agree.

OPINION

Page 182

BRANDON J. HARRISON, Judge

Hailey Michelle Turman appeals a sentencing order that the circuit court entered on 4 August 2014. She argues that her sentence is illegal because " the circuit court erred in imposing a sentence that was substantially in excess of the sentence permitted or requested in the petition to revoke and amended petition to revoke." Turman does not argue that the court lacked enough evidence to revoke.

Page 183

I.

In May 2013, the State charged Turman with possession of drug paraphernalia, possession of Xanax, and obstructing governmental operations. Ark. Code Ann. § 5-64-443(b) (Supp. 2013); Ark. Code Ann. § 5-64-419(b)(4)(A) (Supp. 2013); Ark. Code Ann. § 5-54-102(a)(4) (Supp. 2013). Turman pled guilty to these crimes in October 2013. Pursuant to the plea agreement, Turman received:

(1) six years' probation for possession of drug paraphernalia (a class B felony);
(2) twelve months' probation for possession of Xanax (a class A misdemeanor);
(3) 30 days' suspended imposition of sentence (SIS) for obstructing government operations (a class C misdemeanor).

Turman's 2013 plea agreement and the related sentencing order have a set of written conditions attached to them. She signed an acknowledgement certifying that she had read and understood those conditions. One condition states, " [i]f the Court revokes your suspension or probation for your violating a condition, it may impose on you a sentence of up to 20 years in the Arkansas Department of Correction and/or fine of up to $15,000." Another condition states, " [a]ny violation of the terms and ...


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