If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.
“Legislative intent. The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”
Amendments.
The 2011 amendment deleted “Modification” from the end of the section heading; and deleted (a)(2) and (b).
Case Notes
Applicability.
Imposition of a sentence of probation can not exceed the maximum jail time allowable for the offense charged; thus, the trial court did not have the authority to place defendant on supervised probation for 36 months where his maximum sentence in jail was one year. Hamm v. State, 75 Ark. App. 358, 57 S.W.3d 252 (2001).
Misdemeanor Conviction.
Where defendant was convicted of two counts of misdemeanor possession of marijuana, and was sentenced to 18 months probation, his sentence violated § 5-4-403(c)(2) which provides that the aggregate of consecutive terms for misdemeanors shall not exceed one year; the one year maximum is applicable to the defendant's probationary sentence by virtue of subsection (a) of this section. Brunson v. State, 45 Ark. App. 161, 873 S.W.2d 562 (1994).
Modification of Conditions.
Where original order only suspended imposition of sentence as to imprisonment and did not suspend imposition of fine, modification was not covered by subsection (b). Jones v. State, 297 Ark. 485, 763 S.W.2d 81 (1989).
Suspension of Sentence.
Where after defendant pleaded guilty to a charge of theft, a class C felony for which the maximum sentence is 10 years, the court could sentence defendant to one year of imprisonment and suspend imposition of an additional sentence to the penitentiary for a period of five years, since the five year period of suspension did not exceed the maximum prison sentence allowable for the offense. Smith v. State, 18 Ark. App. 152, 713 S.W.2d 241 (1986).
Where after the defendant entered a guilty plea to class C felony theft of property, for which the maximum sentence is 10 years, a sentence of 6 years in prison, with 2 years suspended on condition that the defendant pay the sum of $135,000 at the rate of $200 per month, beginning 60 days after defendant's release from prison, and continuing for 12 years, at which time a civil judgment would be entered for the outstanding balance, was not authorized. Brimer v. State, 295 Ark. 20, 746 S.W.2d 370 (1988).
Harness v. State, 101 S.W.3d 235 (Ark. 2003). · cites it 4ד” Ark. Code Ann. § 5-4-306 (a) (Supp. 2001).”
Reeves v. State, 5 S.W.3d 41 (Ark. 1999). · cites it 7דOn August 19, 1997, Reeves filed a Motion to Modify Condition of Probation or Suspended Imposition of Sentence pursuant to Ark. Code Ann. § 5-4-306 (b) (Repl. 1997).”
Harmon v. State, 876 S.W.2d 240 (Ark. 1994). · cites it 6דHarmon’s suspended imposition of sentence, the circuit court merely modified the conditions of the suspension, as it had a right to do under Ark. Code Ann. § 5-4-306 (b) (Repl. 1993).”
Gavin v. State, 125 S.W.3d 189 (Ark. 2003). · cites it 4דThe State argued that it was a permissible modification, because the trial court had not revoked the appellant’s probation, but rather had only modified it, as authorized by Ark. Code Ann. § 5-4-306 (b) (Repl. 1993).”
State v. Webb, 281 S.W.3d 273 (Ark. 2008). · cites it 2ד1 Webb’s counsel asked that the court modify or dismiss the sentence under Ark. Code Ann. § 5-4-306 (Repl. 2006) and expunge the record under Act 346.”
Wells v. State, 990 S.W.2d 114 (Ark. 1999). · cites it 7דIn contrast to section 16-93-401, Ark. Code Ann. § 5-4-306 (a) (Repl. 1997), which was also in effect at the time Appellant was sentenced, limited the period of probation to the maximum jail or prison sentence allowable for the offense charged.”
Trif v. State, 2016 Ark. App. 452 (Ark. Ct. App. 2016). · cites it 3דArk. Code Ann. § 5-4-306 (Repl. 2012). A court may revoke a suspension or probation subsequent to the expiration of the period of suspension or probation if before expiration of the period: (1) The defendant is arrested for violation of suspension or probation; (2) A warrant is…”
McGhee v. State, 975 S.W.2d 834 (Ark. 1998). · cites it 2דIn Harmon, the State argued that the defendant’s suspended sentence was not revoked, but rather that it was modified pursuant to Ark. Code Ann. § 5-4-306 (b) (Repl. 1993), which states: “During the period of suspension or probation, the court, on motion of a probation officer or…”
Brimer v. State, 746 S.W.2d 370 (Ark. 1988). · cites it 3דArk. Code Ann. § 5-4-306 (a) (1987). Clearly the sentence in this case extended beyond the ten year maximum sentence authorized as punishment for a class C felony.”
Scissom v. State, 232 S.W.3d 502 (Ark. Ct. App. 2006). · cites it 8דI dissent from the majority opinion to the extent that it limits the trial court to imposing "such other available additional conditions of probation or fines during the period of probation as authorized by Ark. Code Ann. § 5-4-306 (b) (Supp.1999).”
Ward v. State, 2016 Ark. 8 (Ark. 2016). · cites it 2דThe court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment. Ark, Code,.”
Jones v. State, 763 S.W.2d 81 (Ark. 1989). · cites it 2דThe State argues that the trial court was following Ark. Code Ann. § 5-4-306 (b) (1987) [Formerly Ark.”
Brimer v. State, 746 S.W.2d 370 (Ark. 1988). “Ark. Code Ann. § 5-4-306 (a) (1987). Clearly the sentence in this case extended beyond the ten year maximum sentence authorized as punishment for a class C felony.”
Ark. Code Ann. § 5-4-306(b): 5 cases
Reeves v. State, 5 S.W.3d 41 (Ark. 1999). “On August 19, 1997, Reeves filed a Motion to Modify Condition of Probation or Suspended Imposition of Sentence pursuant to Ark. Code Ann. § 5-4-306 (b) (Repl. 1997).”
Gavin v. State, 125 S.W.3d 189 (Ark. 2003). “The State argued that it was a permissible modification, because the trial court had not revoked the appellant’s probation, but rather had only modified it, as authorized by Ark. Code Ann. § 5-4-306 (b) (Repl. 1993).”
Harmon v. State, 876 S.W.2d 240 (Ark. 1994). “Harmon’s suspended imposition of sentence, the circuit court merely modified the conditions of the suspension, as it had a right to do under Ark. Code Ann. § 5-4-306 (b) (Repl. 1993).”
Scissom v. State, 232 S.W.3d 502 (Ark. Ct. App. 2006). “I dissent from the majority opinion to the extent that it limits the trial court to imposing "such other available additional conditions of probation or fines during the period of probation as authorized by Ark. Code Ann. § 5-4-306 (b) (Supp.1999).”
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