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Trif v. State

Court of Appeals of Arkansas, Division II

October 5, 2016

GHEDEON TRIF APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, NINTH DIVISION [NOS. 60CR-10-1265; 60CR-10-2198] HONORABLE MARY SPENCER McGOWAN, JUDGE

          Haylie Lott, Deputy Pub. Def., by: Clint Miller, Deputy Pub. Def., for appellant.

          Leslie Rutledge, Att'y Gen., by: Evelyn D. Gomez, Ass't Att'y Gen., for appellee.

          ROBERT J. GLADWIN, Chief Judge

         Ghedeon 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.

         I. Procedural History

         On 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.

         On 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 charges.

         The 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, 2012.

         Trif 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 was filed.

         On 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.

         On June 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.

         On July 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.

         On January 29, 2014, the State filed an amended petition for revocation, ...


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