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.
Rutledge, Att'y Gen., by: Brad Newman, Ass't
Att'y Gen., for appellee.
W. GRUBER, Chief Judge
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.
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
Court: You filed a motion to suppress. I think I got your