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.

Harris v. State

Court of Appeals of Arkansas, Division III

September 20, 2017

JESSE EMANUEL HARRIS APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. 66FCR-13-1167] HONORABLE J. MICHAEL FITZHUGH, JUDGE

          Ledbetter, Cogbill, Arnold & Harrison, LLP, by: Joseph Karl Luebke, for appellant.

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

          RITA W. GRUBER, Chief Judge

         In November 2013, Harris was charged with maintaining premises for drug activities and possession of drug paraphernalia. Pursuant to a plea agreement, Harris pled guilty to possession of drug paraphernalia, and the other charge was nolle prossed. Harris was sentenced to two years' imprisonment with an additional four years' suspended imposition of sentence (SIS). The terms of his SIS included a requirement that he not violate any federal, state, or municipal law, and that he not possess marijuana, narcotics, or any other drug or controlled substance prohibited by the controlled-substance law. In May 2016, the State filed a petition to revoke Harris's SIS, alleging that he had committed the offenses of possession of drug paraphernalia, possession of methamphetamine, and possession of ecstasy, and that these charges were currently pending in the Sebastian County Circuit Court. The circuit court revoked Harris's SIS in an order entered on December 20, 2016, which Harris appeals. We affirm Harris's revocation.

         The arguments on appeal are somewhat complicated by the circuit court's procedural decisions in this case. On December 7, 2016, the circuit court was to conduct a hearing on the petition to revoke in this case, CR-2013-1167, and on a motion to suppress that Harris had filed in CR-16-595, the criminal case involving the actions for which the revocation petition had been filed. Because the officer's testimony in the revocation hearing was expected to be the same in both cases, the court made the following decision before the testimony was elicited in the revocation hearing:

Prosecutor: He has a motion to suppress and that was set for 3:00. We were hoping to hear both right now. If that is not the case, my Crime Lab witness needs to go back. I don't know if you have any objections to that.
Defense Attorney: Well, I think I need to hear some of the testimony from the officers.
Court: Is this the case I have for Monday?
Defense Attorney: Yes, sir.
Court: So, we are having the PTR hearing today and we are having a trial on Monday?
Defense Attorney: Yes, sir. They didn't want to continue anything.
Court: You filed a motion to suppress. I think I got your ...

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.