Arkansas Code Annotated

Ark. Code Ann. § 16-93-402 (2026)

[Repealed.]

✓ current as of May 2026
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Publisher's Notes. This section, concerning probation officers, was repealed by Acts 2011, No. 570, § 91. The section was derived from Acts 1973, No. 818, § 2; 1975, No. 602, § 1; 1979, No. 326, § 1; A.S.A. 1947, § 43-2332; Acts 1993, No. 549, § 9.

Notes of Decisions
Cited in 8 cases, 1989–2012 · leading case: Cox v. State, 229 S.W.3d 883 (Ark. 2006).
Cox v. State, 229 S.W.3d 883 (Ark. 2006). · cites it 46× “In that case, we held that no sentence was imposed when Diffee was placed on probation; moreover, we did not regard the $500 fine as a "sentence imposed," because "[Ark.”
Rickenbacker v. Norris, 206 S.W.3d 220 (Ark. 2005). · cites it 11× “Section 5-4~309(f)(1), reads: (A) If the court revokes a suspension or probation, it may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he was found guilty.”
Lee v. State, 772 S.W.2d 324 (Ark. 1989). · cites it 8× “Ark. Code Ann. § 16-93-402 (e)(5) (1987).”
State v. McKnight, 257 P.3d 339 (Kan. 2011). “) Ark. Code Ann. § 16-93-402 (c)(5) (2010).”
Jones v. State, 388 S.W.3d 503 (Ark. Ct. App. 2012). · cites it 2× “In his second pro se point, Jones contends that, pursuant to Arkansas Code Annotated section 16-93-402 (Repl.2006), the trial court erred in sentencing him to a “prison term longer than [the] remainder of [the] time originally imposed.”
Lewis v. State, 986 S.W.2d 95 (Ark. 1999). · cites it 2× “§ 16-93-402 (e)(5) which applies to situations when a sentence was imposed, and upon revocation, would limit the defendant to serve only the sentence imposed or any lesser sentence which might have been originally imposed.”
Lyons v. State, 813 S.W.2d 262 (Ark. Ct. App. 1991). · cites it 2× “It reads, in pertinent part, as follows: (e)(1) At any time within the probation period or within the maximum probation period permitted by § 16-93-401 [five years], the court for the county in which the probationer is being supervised or, if no longer supervised, the court for…”
Lewis v. State, 970 S.W.2d 299 (Ark. Ct. App. 1998). “) Where a trial court imposes a definite sentence upon acceptance of a guilty plea or a finding of guilt, and orders that the execution of the sentence be suspended, Arkansas Code Annotated § 16-93-402(e)(5) (Repl. 1997) limits the court’s sentencing authority to imposition of a…”
— Ark. Code Ann. § 16-93-402(e) — 2 cases
Cox v. State, 229 S.W.3d 883 (Ark. 2006). “In that case, we held that no sentence was imposed when Diffee was placed on probation; moreover, we did not regard the $500 fine as a "sentence imposed," because "[Ark.”
Rickenbacker v. Norris, 206 S.W.3d 220 (Ark. 2005). “Section 5-4~309(f)(1), reads: (A) If the court revokes a suspension or probation, it may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he was found guilty.”
— Ark. Code Ann. § 16-93-402(e)(1) — 1 case
Cox v. State, 229 S.W.3d 883 (Ark. 2006). “In that case, we held that no sentence was imposed when Diffee was placed on probation; moreover, we did not regard the $500 fine as a "sentence imposed," because "[Ark.”
— Ark. Code Ann. § 16-93-402(e)(5) — 2 cases
Cox v. State, 229 S.W.3d 883 (Ark. 2006). “In that case, we held that no sentence was imposed when Diffee was placed on probation; moreover, we did not regard the $500 fine as a "sentence imposed," because "[Ark.”
Lewis v. State, 970 S.W.2d 299 (Ark. Ct. App. 1998). “) Where a trial court imposes a definite sentence upon acceptance of a guilty plea or a finding of guilt, and orders that the execution of the sentence be suspended, Arkansas Code Annotated § 16-93-402(e)(5) (Repl. 1997) limits the court’s sentencing authority to imposition of a…”
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