FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CR-14-1464]
HONORABLE BRADLEY LEWIS KARREN, JUDGE
Standridge, for appellant.
Rutledge, Att'y Gen., by: Vada Berger, Ass't
Att'y Gen., for appellee.
and Harrison, JJ., agree.
W. GRUBER, CHIEF JUDGE
sole issue in this appeal is whether the Benton County
Circuit Court had jurisdiction to reconsider its decision
dismissing the charges against appellant Danny Schepp and
then to set the case for a status hearing in December 2021.
The court did not have jurisdiction to reconsider its
decision; consequently, we do not have jurisdiction, and we
dismiss the appeal.
relevant facts are that on November 7, 2014, appellant was
charged with 20 counts of distributing, possessing, or
viewing matter depicting sexually explicit conduct involving
a child in violation of Ark. Code Ann. § 5-27-602 (Repl.
2013). On January 20, 2015, appellant moved for a mental
evaluation, averring that he suffered from Alzheimer's
disease. The court granted the motion, ordered a mental
evaluation, found appellant unfit to proceed in an order
entered on May 8, 2015, and committed him to the custody of
the Arkansas State Hospital for restorative services. At a
hearing conducted on July 15, 2016, the court found that
appellant was not fit to proceed, that he was unlikely to be
restored due to his neurocognitive disorder, and that there
was no evidence that he was a danger to himself or others.
The court then ordered that the case against appellant be
dismissed and that he be released from custody. On July 18,
2016, the court entered an order consistent with this ruling,
finding that appellant was not fit to proceed, dismissing the
case, and releasing him from custody.
August 15, 2016, the court entered an order setting a
"Hearing on Motion" scheduled for September 29,
2016. It did not otherwise identify the motion, and no
written pleading was filed in the case. At a hearing on
September 29, 2016, the following colloquy occurred:
The Court: All right, on Mr. Schepp if I can recall what
happened was . . . the Court had made a ruling on the record
but has not filed a formal order on Mr. Schepp. I believe I
had told the prosecutor's office that I would wait and
file the formal order until the prosecutor had an opportunity
to review it, the case law, to see what the case law said
about whether the Court could legally dismiss the case after
finding that Mr. Schepp was not a violent person to either
threaten himself or others and that he could not be restored
because the diagnosis is that Mr. Schepp has Alzheimer's.
That's my recollection.
. . . .
The Court: Okay. All right, so with that being said, Mr.
Hall, the State is basically asking the Court to reconsider
its ruling that it has not formally filed. And does the State
want to be heard?
Prosecutor: Your Honor, I think what you're stating is
The Court: All right, Mr. Hall.
Defense: Your Honor, if we want to have some sort of hearing
on this, ...