{
  "id": 1755046,
  "name": "Lester EASLEY v. STATE of Arkansas",
  "name_abbreviation": "Easley v. State",
  "decision_date": "1981-11-02",
  "docket_number": "CR 81-89",
  "first_page": "215",
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      "cite": "225 Ark. 559",
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  "last_updated": "2023-07-14T21:01:13.587143+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lester EASLEY v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Robert H. Dudley, Justice.\nThis case involves the interpretation of the statutes which dealt with probation and suspension of criminal sentences in 1973. It is certified to us by the Court of Appeals pursuant to Rule 29 (1) (c) of the Rules of the Supreme Court. Ark. Stat. Ann. Vol. 3A (Repl. 1977 and Supp. 1981).\nOn January 19, 1974, the trial court accepted appellant\u2019s guilty plea for having committed grand larceny on November 22,1973. The order states that appellant \u201c... was sentenced to a period of five years, this being probated and conditioned on good behavior ...\u201d On April 11, 1978, the State filed a petition to revoke the probation. On January 10, 1979, the probation was revoked, the appellant was sentenced to five years imprisonment and \u201d... execution of sentence is hereby stayed and [appellant] is placed on probation for a period of five years ...\u201d On March 22, 1979, the State moved for revocation of the suspension of the serving of the sentence. The appellant objected and on February 3, 1981, more than five years from the date of accepting the guilty plea, the trial court revoked the suspension and ordered the appellant imprisoned.\nThe sentencing procedure is controlled by the statutes in effect on the date of the commission of the crime. Art. 2, \u00a7 17, Constitution of Arkansas. Taylor v. Governor, 1 Ark. 21 (1837).\nIn 1974 the appellant was sentenced to a period of five years and placed on probation. Ark. Stat. Ann. \u00a7 43-2331 (Repl. 1977), adopted by the General Assembly in 1973 and effective at the date of the commission of the crime, provided that the court could accept the plea, suspend imposition of sentence and place the defendant on probation. Therefore the first sentence was a valid one. After 4 years and 11 months had passed, the court still had the authority to revoke the probation and require him to serve the remainder of the sentence imposed. Ark. Stat. Ann. \u00a7 43-2332 (Repl. 1977). However, a second sentence cannot be imposed at a revocation hearing. See Canard v. State, 225 Ark. 559, 283 S.W. 2d 685 (1955).\nThe case of Queen v. State, 271 Ark. 929, 612 S.W. 2d 95 (1981) had a factual situation remarkably similar to the present case. The statutes in effect in 1970 and interpreted in Queen, supra, are identical to the 1973 statutes involved in the present case. In interpreting the law in effect in 1970, we said:\nIn 1970 Queen pled guilty to burglary and was sentenced to five years\u2019 statutory \u201cprobation.\u201d This probationary period was revoked in 1974 and Queen was sentenced to ten years imprisonment with the sentence suspended. This was clearly improper according to Maddox v. State, 247 Ark. 553, 446 S.W. 2d 210 (1969) and Cantrell v. State, 258 Ark. 833, 529 S.W. 2d 136 (1975). In those cases we dealt with \u201ccourt probation\u201d as imposed by the Sebastian County Circuit Court and we held in both that where the plea of guilty was accepted a later revocation could not exceed the probation period. Here, the plea was accepted and the term of probation was five years. Consequently, a later suspended sentence for ten years was improper.\nWe have consistently held that sentencing procedures are controlled by statute. Holden v. State, 156 Ark. 521, 247 S.W. 768 (1923); Davis v. State, 169 Ark. 932, 277 S.W. 5 (1925); Culpepper v. State, 268 Ark. 263, 595 S.W. 2d 220 (1980). The 1973 statutes applicable to this case are identical to the 1970 statutes applicable to the Queen decision, supra. The two cases are factually indistinguishable. Therefore, the Queen decision must control and this case must be reversed.\nReversed.",
        "type": "majority",
        "author": "Robert H. Dudley, Justice."
      }
    ],
    "attorneys": [
      "Wright \u00e9 Chaney, P.A., for appellant.",
      "Steve Clark, Atty. Gen., by: Victra L. Fewell, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Lester EASLEY v. STATE of Arkansas\nCR 81-89\n623 S.W. 2d 189\nSupreme Court of Arkansas\nOpinion delivered November 2, 1981\nWright \u00e9 Chaney, P.A., for appellant.\nSteve Clark, Atty. Gen., by: Victra L. Fewell, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0215-01",
  "first_page_order": 239,
  "last_page_order": 241
}