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S.A.T. v. State

Court of Appeals of Arkansas, Division III

October 5, 2016

S.A.T. APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-12-9] HONORABLE MICHAEL MEDLOCK, JUDGE

          Lisa-Marie Norris, for appellant.

          Leslie Rutledge, Att'y Gen., by: Valerie Glover Fortner, Ass't Att'y Gen., for appellee.

          WAYMOND M. BROWN, Judge

         Appellant appeals from the circuit court's true criminal contempt finding for which he was committed to the Division of Youth Services (DYS) for an indeterminate period of time. His sole argument on appeal is that there was insufficient evidence that he willfully committed criminal contempt. We affirm.

         Appellee filed a family in need of services (FINS) petition in case number 17JV-12-9 on January 19, 2012, alleging that appellant was "habitually disobedient to the reasonable commands of school staff." Following a hearing on February 15, 2012, in which appellant entered a plea of true, the circuit court entered an order on February 21, 2012, adjudicating appellant to be a FINS member. Accordingly, appellant was placed on formal supervision for a period of twelve months during which he was subjected to certain orders of the circuit court including, in pertinent part, cooperation with the circuit court's orders, the terms and conditions of formal supervision, and the Crawford County juvenile probation officer; mandatory school attendance with no unexcused absences, disciplinary problems, or tardies; obedience to the lawful commands of his mother; and not leaving home without parental knowledge and permission.

         An agreed order was entered on April 20, 2012, following a March 22, 2012 hearing, in which the circuit court found that appellant continued to be a FINS member. He was ordered therein to successfully complete inpatient, residential treatment. He was ordered to comply with all rules and regulations set by said facility during his treatment period and to follow all after-care recommendations made by the facility upon his discharge.

         An order was entered on November 6, 2012, finding that appellant continued to be a FINS member. All previous orders remained in effect.

         Appellee filed a petition in case number 17JV-13-182 on November 7, 2013, seeking an adjudication of delinquency for appellant on charges of terroristic threatening in the first degree, a Class D felony; terroristic threatening in the second degree, a Class A misdemeanor; disorderly conduct, a Class C misdemeanor; and harassment, a Class A misdemeanor.

         Following a hearing in case number 17JV-13-182 on March 12, 2014, the circuit court entered an order on the same date adjudging appellant delinquent on all four charges specified in appellee's November 7, 2013 petition. He was placed on twenty-four months' probation and committed to the Division of Youth Services (DYS).

         Following a hearing in case number 17JV-12-9, also on March 12, 2014, during which appellant entered a plea of true to criminal contempt of court, the circuit court entered an order on the same date finding appellant in criminal contempt of court and committing him to the DYS.

         Appellant was released from the DYS on September 30, 2015, with an after-care commitment length of 120 days.[1] He was released pursuant to a number of goals and responsibilities.

         On November 13, 2015, appellee filed a petition in a new case-case number 17JV-15-266-seeking an adjudication of delinquency for appellant on charges of disorderly conduct, a Class C misdemeanor; and two counts of assault in the third degree, also Class C misdemeanors.

         Also on November 13, 2015, appellee filed separate petitions in case numbers 17JV-12-9 and 17JV-13-182 alleging that appellant had violated the following ...


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