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Cooper v. State

Court of Appeals of Arkansas, Division I

November 28, 2018

AMOS COOPER, JR. APPELLANT
v.
STATE OF ARKANSAS APPELLEE

          APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [NOS. 16JCR-07-848 AND 16JCR-14-467] HONORABLE TONY A M . ALEXANDER, JUDGE

          Terry Goodwin Jones, for appellant.

          Leslie Rutledge, Att'y Gen., by: Christian Harris, Ass't Att'y Gen., for appellee.

          WAYMOND M. BROWN, JUDGE.

         Appellant appeals from the circuit court's order revoking his suspended imposition of sentence (SIS). On appeal, he argues that the circuit court erred when it revoked his SIS because it lacked subject-matter jurisdiction to do so. We affirm.

         An information was filed in case number CR-2007-848 on September 17, 2007, charging appellant with two counts of sexual assault in the second degree, a class B felony; and two counts of sexual indecency with a child, a class D felony. Appellant's signed guilty plea to both counts of sexual assault in the second degree and one count of sexual indecency with a child was filed on March 10, 2008.[1] [2] He faced five to twenty years' imprisonment on each of the sexual assault counts and up to six years' imprisonment on the sexual-indecency count. Also on March 10, 2008, the circuit court entered a judgment and commitment order sentencing appellant to sixty-six months' imprisonment in the Arkansas Department of Correction (ADC) with an additional sixty months' SIS on each of the sexual-assault counts[3] and seventy-two months' SIS on the sexual-indecency count.[4]

         An information was filed in case number CR-2014-467 on May 21, 2014, charging appellant with one count of sex offender failure or refusal to provide information. Appellant pled guilty, signing a statement to that effect on May 25, 2014. He faced three to ten years' imprisonment. A sentencing order was entered on May 27, 2014, sentencing appellant to seventy-five days in the county jail. On August 22, 2017, appellee filed a petition to revoke appellant's SIS in case number CR-2014-467, for the following reasons:

[Appellant] has failed to live a law-abiding life by committing the offense of Sex Offender Failing to Comply with Registration Requirements on May 10, 2016; committed the offense of Rape on October 22, 2016; and, committed the offense of Intimidating a Witness on April 4, 2017. All of these charges occurred in Mississippi County, Arkansas. [Appellant] has failed to support his legal dependents and owes outstanding child support in Mississippi County; and, has failed to pay court costs to the Craighead County Sheriff's Office with a balance of $256.00.

         Appellee filed an amended petition to revoke on December 6, 2017, asserting the same above-referenced allegations for revocation in case number CR-2007-848. Additionally, appellee asserted that appellant's "parole was flattened on May 31, 2013."

         A hearing was held on January 4, 2018. The circuit court entered an order of probation or suspending imposition of sentence, or judgment and commitment on the same date, stating that appellant was found guilty by the circuit court of the following SIS violations, for which it gave him the following sentences:

(a) sex offender failure or refusal to provide information-a violation in CR-2014-467-for which he was sentenced to 108 months' imprisonment in the ADC, to run concurrent to the other charges;
(b) one count of sexual assault in the second degree-a violation in CR-2007-848-for which he was sentenced to 174 months' imprisonment in the ADC, 174 months of which imposition of sentence was suspended;
(c) a second count of sexual assault in the second degree-a violation in CR-2007-848-for which he was sentenced to 72 ...

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