FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17CR-17-1035]
HONORABLE GARY COTTRELL, JUDGE
C. Self, for appellant.
Rutledge, Att'y Gen., by: Chris R. Warthen, Ass't
Att'y Gen., for appellee.
F. VIRDEN, JUDGE.
Jacqueline Jennings appeals from the Crawford County Circuit
Court's revocation of her suspended sentence and the
imposition of a seven-year term of imprisonment in the
Arkansas Department of Correction followed by a seven-year
suspended imposition of sentence (SIS). Jennings argues that
the trial court erred in revoking her suspended sentence
because there was insufficient evidence that she committed a
criminal offense. We affirm.
December 2017, Jennings pleaded guilty to possession of a
firearm by a felon, and she received a ten-year SIS. She was
ordered to pay a fine, costs, and fees, and she was advised
that the SIS was conditioned on her good behavior. In August
2018, the State filed a petition to revoke alleging that
Jennings had committed new criminal offenses on July 29,
2018. Specifically, she was charged as a habitual offender
with arson, third-degree domestic battery, and resisting
arrest. The State also alleged in its petition that she had
failed to make any payments on her fine, costs, and fees,
leaving an unpaid balance of $1, 350. A hearing was held
October 24, 2018.
testimony revealed the following sequence of events. On July
29, 2018, Jennings and her husband, Charles Jones, got into a
fight at the home of Jones's sister, Patricia Collett.
Jennings and Jones were described as "nose-to-nose"
in the doorway of Collett's trailer when Jennings
attempted to strike Jones with a broomstick; however, Collett
blocked the blow. Collett was struck on her hand, and
Jennings stepped on Collett's foot with her cowboy boots,
breaking Collett's big toe. Jones restrained Jennings by
"choking her out." He then took Jennings into the
trailer and went back outside with Collett, who was calling
the police. Meanwhile, Jennings had come around and was
inside the trailer cursing and throwing things.
time James Polk, a corporal with the Crawford County
Sheriff's Department, arrived at the scene in response to
a domestic disturbance, Jennings had locked herself inside
the trailer and refused to come outside, even after Polk had
identified himself. Collett and Jones explained to Polk that
Jennings had been off her medication for some time and had
been talking to herself. Jennings refused Polk's offer to
have EMS take her to a hospital. More officers arrived on the
scene, and Jennings suddenly emerged from the trailer yelling
that it was on fire.
officers had to restrain Jennings to keep her from reentering
the trailer, which had smoke billowing out of it. Jennings
tried to pull away from the officers. Polk testified that the
officers kept telling Jennings to stop resisting but that
they were forced to take her to the ground to handcuff her.
Polk conceded that "[t]here were no physical blows
thrown towards us[.]" Polk stated that, after they had
gotten Jennings in custody, she said that "she'd see
[him] in Hell and make sure [he] got there." He also
said that, while he was patting her down for weapons, she had
threatened to "beat [his] ass." Polk said that the
trailer eventually "burnt to the ground" and was a
Collett and Jones testified at the revocation hearing that
they thought Jennings's actions on that day were
unintentional and accidental. Jones said of Jennings,
"She's nice and kind, you know the sweetest person
you'd ever want to meet as long as she's taking her
medication." Polk testified that neither witness had
described Jennings's actions as "unintentional"
or "accidental" on the day of the altercation.
trial court revoked Jennings's suspended sentence upon
finding that she had violated the terms and conditions of her
SIS by setting the fire that burned Collett's trailer and
by resisting arrest. The trial court did not find that
Jennings committed domestic battery and stated from the
bench, "I can't tell you what happened in the
fight." The trial court did not address Jennings's
alleged failure to pay her fine, costs, and fees because the
State had not put on any evidence in that regard.