Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Handy v. State

Court of Appeals of Arkansas, Division III

February 1, 2017

LAWRENCE HANDY APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NOS. 18CR-98-749, 18CR-98-750, 18CR-11-716, 18CR-16-84] HONORABLE RANDY F. PHILHOURS, JUDGE

         AFFIRMED

          Gruber, C.J., and Gladwin, J., agree. Tyler C. Ginn, for appellant.

          Leslie Rutledge, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., for appellee.

          WAYMOND M. BROWN, Judge

         Appellant appeals from the circuit court's revocation of his probation. On appeal, he argues that the circuit court erred in (1) refusing his proffered jury instructions and incorrectly instructing the jury regarding sentencing, and (2) imposing a sentence upon revocation that it could not have originally imposed. We affirm.

         On September 8, 1998, appellant was charged by information with one count of residential burglary, a Class "B" felony; and one count of theft of property, a Class "C" felony, in case number CR-98-750, due to an incident arising on August 5, 1998. On the same date, in case number CR-98-749, appellant was charged by information with one count of residential burglary, a Class "B" felony; and one count of theft of property, a Class "C" felony, due to an incident arising on a different date. Appellant's signed guilty plea statement was filed on September 11, 1998.[1] He was sentenced to 240 months' suspended imposition of sentence (SIS) each on the residential burglary charges in case numbers CR-98-749 and CR-98-750, and 120 months' SIS each on the theft-of-property charges in case numbers CR-98-749 and CR-98-750. This was reflected in the circuit court's order entered on September 11, 1998.

         On October 9, 2002, appellee filed a petition for revocation of suspension in case number CR-98-749, alleging seven violations of the conditions of his SIS by appellant. On December 2, 2002, an order of nolle prosequi was entered as to that petition.

         On January 23, 2007, appellee filed a petition for revocation of suspension in case numbers CR-98-749 and CR-98-750, alleging eight violations of the conditions of his SIS by appellant, including being charged with aggravated burglary in case number CR-06-1524, aggravated burglary in case number CR-06-1525, and burglary. Appellant's guilty plea statement was signed and filed on January 8, 2008. Pursuant to appellant's plea, he was sentenced to 120 months' imprisonment in the Arkansas Department of Correction (ADC) on the revocation of the theft charge as reflected in the circuit court's January 8, 2008 judgment and commitment order. The revocation petition was nolle prossed as to the burglary charges in case numbers CR-98-749 and CR-98-750 in an order entered on the same date.

         On June 21, 2011, appellant was charged by criminal information in case number CR-11-716, with one count of residential burglary, a Class "B" felony; and one count of theft of property, a Class "C" felony, due to an incident arising on June 17, 2011. Appellant's guilty plea statement was signed and filed on August 26, 2011. In the circuit court's judgment and commitment order filed on the same date, appellant was sentenced to 120 months' imprisonment on the residential-burglary charge and 120 months' SIS on the theft charge pursuant to his plea agreement.

         On May 23, 2013, appellee filed a petition to revoke appellant's SIS in case number CR-11-716, alleging that he had violated four conditions of his SIS, including committing the offenses of residential burglary and theft of property in case number CR-13-483. In its June 20, 2013 sentencing order, pursuant to his plea agreement, appellant was sentenced to 120 months' SIS on the theft charge in case number CR-13-483. The residential-burglary charge in case number CR-13-483 and the theft-of-property charge in case number CR-11-716 were both nolle prossed.

         On January 29, 2016, appellee filed a petition to revoke appellant's SIS in case number CR-11-716, alleging that he had violated four conditions of his SIS: (1) failed to pay fines, costs and fees as directed; (2) failed to live a aw-abiding life, be of good behavior, and not violate any state, federal or municipal law; (3) committed the misdemeanor offense of theft of property on November 13, 2015; and (4) committed the offense of residential burglary on November 13, 2015, in case number CR-16-84. On May 9, 2016, appellee filed an amended petition to revoke appellant's SIS in case numbers CR-98-749 and CR-98-750, in addition to case number CR-11-716. On May 11, 2016, appellee filed an amended information seeking sentencing of appellant as a habitual offender due to his having nine felony convictions-four of which were classified as violent felonies under Arkansas Code Annotated section 5-4-501(d) as amended-including a Class "C" felony conviction for forgery in case number CR-02-84, and an additional felony not already listed in three separate cases not already listed herein.[2]

         At the May 12, 2015 trial, the circuit court submitted appellee's proffered jury instructions to the jury, which were as follows:

In your deliberations you may consider the possibility that [appellant] will be paroled. Eligibility for parole or transfer is as follows. Residential burglary is punishable by a term of years. If you sentence [appellant] to a term of years, he will be eligible for parole after he reaches the age of 55, and his regular parole or transfer eligibility date.
The State has also alleged that [appellant] is a violent felony habitual offender. He has previously been convicted of four violent felonies, residential burglary. The offense of residential burglary as a violent felony habitual offender is punishable by imprisonment in the Arkansas Department of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.