{
  "id": 6142475,
  "name": "David MARION v. STATE of Arkansas",
  "name_abbreviation": "Marion v. State",
  "decision_date": "1982-04-14",
  "docket_number": "CA CR 81-167",
  "first_page": "359",
  "last_page": "361",
  "citations": [
    {
      "type": "official",
      "cite": "4 Ark. App. 359"
    },
    {
      "type": "parallel",
      "cite": "631 S.W.2d 315"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 168,
    "char_count": 2221,
    "ocr_confidence": 0.829,
    "sha256": "c3b796f05cb8c1139b50c10e0663d5a994a468d47c629bbdf27662f2213eba55",
    "simhash": "1:19a52b249633f711",
    "word_count": 379
  },
  "last_updated": "2023-07-14T20:42:09.143623+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David MARION v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Donald L. Corbin, Judge.\nOn February 8, 1980, appellant, David Marion, was placed on five years\u2019 probation following a plea of guilty to a charge of burglary. Appellant\u2019s probation was revoked at a hearing held on March 4, 1981. He was then sentenced to two years imprisonment with an additional two years of probation to follow. He was paroled by the Arkansas Department of Correction on July 23, 1981. On October 6, 1981, at a second revocation hearing, appellant\u2019s probation was revoked and he was sentenced to two years in the Department of Correction. We reverse.\nWe agree with appellant that the Court could not impose a two-year probation on appellant in addition to the imprisonment imposed on March 4, 1981. Ark. Stat. Ann. \u00a7 41-1208 (6) (Repl. 1977) provides as follows:\nIf the court revokes a suspension or probation, it may enter a judgment of conviction and may impose any sentence on defendant that might have been imposed originally for the offense of which he was found guilty, provided that any sentence to pay a fine or to imprisonment when combined with any previous fine or imprisonment imposed for the same offense shall not exceed the limits of sections 901 [\u00a7 41-901] or 1101 [\u00a7 41-1101], or if applicable, section 1001 [\u00a7 41-1001].\nArk. Stat. Ann. \u00a7 41-803 (4) (Repl. 1977) provides in part:\nThe court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment, but the court shall not sentence a defendant to imprisonment and place him on probation, except as authorized by section 1204 [\u00a7 41-1204],\nArk. Stat. Ann. \u00a7 41-1204 provides for the placing of a defendant in a county or city jail with conditions of probation, and does not apply to a term of imprisonment at the Department of Correction. Therefore, Ark. Stat. Ann. \u00a7 41-1204 is not applicable in the instant case.\nSince the court could not impose the two-year probation in addition to the imprisonment, this case is reversed.",
        "type": "majority",
        "author": "Donald L. Corbin, Judge."
      }
    ],
    "attorneys": [
      "Wayne R. Williams, for appellant.",
      "Steve Clark, Atty. Gen., by: Arnold M. Jochums, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "David MARION v. STATE of Arkansas\nCA CR 81-167\n631 S.W. 2d 315\nCourt of Appeals of Arkansas\nOpinion delivered April 14, 1982\nWayne R. Williams, for appellant.\nSteve Clark, Atty. Gen., by: Arnold M. Jochums, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0359-01",
  "first_page_order": 379,
  "last_page_order": 381
}