{
  "id": 1719944,
  "name": "Derrick HODGES v. STATE of Arkansas",
  "name_abbreviation": "Hodges v. State",
  "decision_date": "1980-01-23",
  "docket_number": "CA CR 79-112",
  "first_page": "1112",
  "last_page": "1114",
  "citations": [
    {
      "type": "official",
      "cite": "267 Ark. 1112"
    },
    {
      "type": "parallel",
      "cite": "593 S.W.2d 494"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "260 Ark. 399",
      "category": "reporters:state",
      "reporter": "Ark.",
      "year": 1976,
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 225,
    "char_count": 2746,
    "ocr_confidence": 0.837,
    "pagerank": {
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      "percentile": 0.5359356858256987
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    "sha256": "b6235387edaee44a9762cdc0513472c8b054cce9703fdbb6a41eb52da1a6cac9",
    "simhash": "1:11c2090c055a1ae2",
    "word_count": 465
  },
  "last_updated": "2023-07-14T22:44:49.696704+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Derrick HODGES v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "George Howard, Jr., Judge.\nAppellant was convicted of robbery by the trial court sitting as a jury and was sentenced to the Department of Correction for five years, with two years suspended. Appellant\u2019s request for credit for the time spent in the county jail was denied.\nFollowing appellant\u2019s release from jail, after executing bond, on January 25, 1978, appellant failed to appear at a scheduled hearing on January 3, 1979. Pursuant to an alias warrant, appellant was arrested and confined to jail on a \u201cno bond\u201d status on January 5,1979, and remained incarcerated until the date of his conviction on March 30, 1979. Hence, appellant spent eighty-five (85) days in jail from the date of his arrest on the alias warrant to the date of his conviction.\nThe State argues that appellant is not entitled to credit since appellant\u2019s confinement was due to his failure to appear and not because of indigency. In other words, appellant, in effect, was a fugitive from justice and that the facts in the instant case are functionally equivalent to those in Hughes v. State, 260 Ark. 399-A, 540 S.W. 2d.592 (1976), where our Supreme Court held that appellant was not entitled to credit for the period spent in Alaska as a fugitive from justice awaiting transportation back to Arkansas.\nArk. Stat. Ann. \u00a7 41-904 (Repl. 1977) provides:\nIf a defendant is held in custody for conduct that results in a sentence to imprisonment, the court shall credit the time spent in custody against the sentence.\nIt is clear that no charge was lodged against appellant for failure to appear.\nWhile appellant\u2019s confinement on January 5th was pursuant to an alias warrant, it is plain he was held under the robbery charge pending final disposition of that charge. We are persuaded that appellant is entitled to credit for the period dating from January 5th to March 30th, aggregating a total of eighty-five (85) days.\nThe judgment, as so modified, is affirmed.\nArk. Stat. Ann. \u00a7 41-2820 (Repl. 1977) provides in pertinent part:\n(1) A person commits the offense of failure to appear if subsequent to having been:\n(b) lawfully set at liberty upon condition that he appear at a specified time, place, and court: he fails to appear without reasonable excuse.\n(2) Failure to appear is a class C felony if the required appearance was to answer a charge of felony or for disposition of any such charge either before or after a determination of guilt of the charge.",
        "type": "majority",
        "author": "George Howard, Jr., Judge."
      }
    ],
    "attorneys": [
      "\u25a0 John W. Achor, Public Defender, by: Howard W. Koopman, Deputy Public Defender, for appellant.",
      "Steve Clark, Atty. Gen., by: Dennis R. Molock, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Derrick HODGES v. STATE of Arkansas\nCA CR 79-112\n593 S.W. 2d 494\nOpinion delivered January 23, 1980\nReleased for publication February 13, 1980\n\u25a0 John W. Achor, Public Defender, by: Howard W. Koopman, Deputy Public Defender, for appellant.\nSteve Clark, Atty. Gen., by: Dennis R. Molock, Asst. Atty. Gen., for appellee."
  },
  "file_name": "1112-01",
  "first_page_order": 1172,
  "last_page_order": 1174
}