Clampet v. State3/6/2003
7 Ark. 485, 763 S.W.2d 81 (1989). We have also held that a plea of guilty, coupled with a fine and either probation or a suspended imposition of sentence, constitutes a conviction, thereby depriving the trial court of jurisdiction to amend or modify a sentence that has been executed. Pike, supra; McGhee, supra. In the present case, the State urges that the trial court never lost jurisdiction because it never imposed a "fine," and therefore, Pike should not control in this case.
It is true that Judge Keith ordered Clampet to make a payment designated as a "restitution in lieu of a fine" to the Benton County Restitution fund, as well as making full restitution to the victim. However, the only statutory authority for imposing restitution in this fashion is found in Ark. Code Ann. § 16-90-307 (1987), which reads, in pertinent part, as follows:
(a) The circuit judges of each judicial district may establish a restitution fund to be administered by the circuit judge, the prosecuting attorney, or probationary agency, whichever the circuit judge shall designate.
(c)(1) The circuit judges may levy additional fines against criminal defendants and place the additional fine money in the restitution fund of the judicial district.
(2) The additional fines shall be in an amount not to exceed the amount of the criminal penalty fine provided by law for the offense.
(3) The additional fine money shall be remitted to the fund, to be deposited in a depository other than the county treasurer or State Treasury. (Emphasis added).
Although we have not previously interpreted this statute, it is clear from the emphasized language that this kind of "restitution" is comprised solely of fine money and is used to establish a "restitution fund" maintained by "additional fines." Pike is directly on point, and involved the same trial judge as we have before us here. In Pike, Eric Pike pled guilty to four counts of forgery in November of 1993; his plea was deferred under Act 346, and he was placed on three years' supervised probation. In January of 1995, the State filed a petition to revoke Pike's probation, alleging he had failed to report to his probation officer and failed to pay fines, fees, and costs. On January 30, 1995, the trial court held a probation-revocation hearing, wherein Pike admitted the allegations. The court found Pike in contempt of court and sentenced him to eighteen days in jail, with credit for eighteen days served. However, the trial court did not accept Pike's initial guilty plea or revoke his Act 346 status. The court also extended Pike's probation by two years.
In October of 1996, the State filed a second petition to revoke Pike's probation, again alleging he had violated several terms of his probation. The trial court held a second revocation hearing in September of 1997, and Pike again admitted the violations. At that time, the trial court revoked Pike's Act 346 status, accepted his initial guilty plea on the forgery charges, ordered him to pay the balance of his fines, fees, and court costs, and found him in contempt of court, ordering him to serve 120 days in the Arkansas Department of Community Punishment. The court also extended Pike's probation for another twenty-four months.
In June of 1998, the State filed a third petition to revoke Pike's probation. This time, Pike filed a motion to dismiss the petition, citing McGhee v. State, 334 Ark. 543, 975 S.W.2d 834 (1998), and Harmon v. State, 317 Ark. 46, 876 S.W.2d 240 (1994), and arguing that the trial court had lost jurisdiction over him by entering its September 1997 order that accepted his guilty plea, revoked his Act 346 status, and executed his sentence by order
Page 1 2 3 Arkansas DUI Attorneys
DUI Lawyers
|