FROM THE PULASKI COUNTY CIRCUIT COURT, NINTH DIVISION [NOS.
60CR-10-1265; 60CR-10-2198] HONORABLE MARY SPENCER McGOWAN,
Lott, Deputy Pub. Def., by: Clint Miller, Deputy Pub. Def.,
Rutledge, Att'y Gen., by: Evelyn D. Gomez, Ass't
Att'y Gen., for appellee.
J. GLADWIN, Chief Judge
Trif was sentenced in the Pulaski County Circuit Court on
September 29, 2015, pursuant to a probation revocation that
involved two cases with a conviction date of October 14,
2010. On appeal, Trif contends that the trial court lacked
jurisdiction to revoke because his probation had expired on
October 14, 2013. We affirm in part and reverse in part.
October 14, 2010, Trif pled guilty to obtaining drugs by
fraud in the circuit court case number CR 2010-1265. On the
same day, he pled guilty to two counts of delivery of a
controlled substance and one count of possession of a
controlled substance with intent to deliver in case number CR
2010-2198. He was sentenced to thirty-six months'
probation in each case.
February 10, 2012, the State filed a petition for revocation
under each case number, CR 2010-1265 and -2198, but a bench
warrant for Trif's arrest was issued only under the
latter case number. The State alleged that Trif had violated
the terms of his probation because he was arrested on January
29, 2012, in Garland County for driving while intoxicated and
refusing to submit to a chemical test. This petition was
amended on July 6, 2012, to add that Trif had also violated
probation by leaving Pulaski County without permission on the
date that he had received the DWI and refusal-to-submit
bench warrant was recalled on February 14, 2012, but it was
reissued on November 5, 2012, still only under case number
10-2198. On November 8, 2012, Trif pled guilty to violating
his probation under both case numbers, but, no sentencing
order was filed because he was given an appointment for a
presentence interview and a January 10, 2013 court date for
sentencing. The arrest warrant was recalled on November 9,
failed to appear for the sentencing hearing on January 10,
2013, and an arrest warrant was issued only under case number
10-2198. The violations listed in the warrant included the
original three counts of possessing a controlled substance
and "probation revocation." He was arrested on
February 11, 2013, for first-degree terroristic threatening.
At the hearing on March 4, 2013, Trif's counsel requested
that the trial court pass the case until the new charges on
terroristic threatening were resolved. No sentencing order
April 1, 2013, the State filed an amended petition for
revocation under both case numbers and alleged that, in
addition to the violations listed in the earlier petitions,
Trif had failed to appear in court on January 10, 2013, and
had been arrested on February 11, 2013, for terroristic
threatening. An arrest warrant was issued only under case
number 10-2198 on April 1, 2013, and the violations listed
were three counts of possession of a controlled substance and
"probation revocation." The warrant was served on
April 4, 2013.
17, 2013, Trif pled guilty, filing a plea statement under
both case numbers, and he again was admonished to complete a
presentence interview and return to court for sentencing. No
sentencing order was filed.
10, 2013, the State filed an amended petition for revocation,
adding to the original allegations that he had been arrested
for attempted rape on July 5, 2013. An arrest warrant was
issued on July 10, 2013, only under case number 10-2198,
listing the violations as being three counts of possession of
a controlled substance and one count of "probation
revocation." Trif was arrested pursuant to the warrant
on July 24, 2013.
January 29, 2014, the State filed an amended petition for