Arkansas Code Annotated

Ark. Code Ann. § 5-4-309 (2026)

[Repealed.]

✓ current as of May 2026

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Publisher's Notes. This section, concerning violation of conditions of probation or suspension and arrest, revocation, and sentencing, was repealed by Acts 2011, No. 570, § 11. The section was derived from Acts 1975, No. 280, § 1208; A.S.A. 1947, § 41-1208; Acts 1999, No. 847, § 1; 2003, No. 841, § 1; 2005, No. 1534, § 1; 2009, No. 633, § 3.

Notes of Decisions

Cited in 98 cases (4 in the last 5 years), 1988–2026 · leading case: Carter v. State, 85 S.W.3d 914 (Ark. 2002).

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Carter v. State, 85 S.W.3d 914 (Ark. 2002). · cites it 44× “Carter’s failure to appear and subsequent request for a postponement of the revocation hearing tolled the time in which the court had jurisdiction to act. In sum, the State contends the circuit court had jurisdiction so long as some type of process was issued by the State before…”

Cox v. State, 229 S.W.3d 883 (Ark. 2006). · cites it 34× “Cox alleges on appeal that Ark. Code Ann. § 5-4-309 (f)(1) (Repl. 2006) and Ark.”

Barbee v. State, 56 S.W.3d 370 (Ark. 2001). · cites it 12× “The trial judge found that appellant had violated the terms of his probation, revoked the probation, and sentenced him to six years' incarceration in the Arkansas Department of Correction.”

Kyle v. State, 849 S.W.2d 935 (Ark. 1993). · cites it 15× “At the hearing on the petition, appellant moved to dismiss alleging that the State had failed to comply with Ark. Code Ann. § 5-4-309 (1987) by filing the petition after the expiration of the five year deferment.”

Harness v. State, 101 S.W.3d 235 (Ark. 2003). · cites it 9× “Ark. Code Ann. § 5-4-309 (d) (Supp. 2001) (emphasis added).”

Cross v. State, 357 S.W.3d 895 (Ark. 2009). · cites it 12× “3d 235 (2003) (concluding that the circuit court lacks the authority to revoke a suspended sentence prior to the commencement of the suspension period under Ark. Code Ann. § 5-4-309 ). We hold that Cross has challenged the circuit judge’s authority to impose her sentence, which…”

Rickenbacker v. Norris, 206 S.W.3d 220 (Ark. 2005). · cites it 9× “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.”

Miller v. State, 386 S.W.3d 65 (Ark. Ct. App. 2011). · cites it 10× “Miller first argues that the trial court lacked jurisdiction to revoke his SIS under Ark.Code Ann. § 5-4-309 (Repl. 2006) 1 because certain provisions in the statute were not followed.”

Hanna v. State, 372 S.W.3d 375 (Ark. Ct. App. 2009). · cites it 6× “” Ark.Code Ann. § 5-4-309(d) (Supp.2009). This is the general revocation statute.”

Walden v. State, 2014 Ark. 193 (Ark. 2014). · cites it 4× “Ark.Code Ann. § 5-4-309(f) (Supp.2008). Based on the statutes in effect at the time of Walden’s crimes, trial courts were permitted to modify original court orders, including orders of incarceration followed by suspended sentences, and impose any sentence that might have been…”

Gates v. State, 107 S.W.3d 868 (Ark. 2003). · cites it 6× “By the provisions of Ark. Code Ann. § 5-4-309 (f) (Repl. 1993), “[ijf 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…”

Lewis v. State, 986 S.W.2d 95 (Ark. 1999). · cites it 9× “§ 41-1208(6) [now Ark. Code Ann. § 5-4-309 (f)]. The Culpepper court reduced the defendant’s sentence from fifteen years’ to five years’ imprisonment, stating the defendant was entitled to know the effect of his sentence.”

Show all 98 citing cases →

— Ark. Code Ann. § 5-4-309(a) — 2 cases

Miller v. State, 386 S.W.3d 65 (Ark. Ct. App. 2011). “Miller first argues that the trial court lacked jurisdiction to revoke his SIS under Ark.Code Ann. § 5-4-309 (Repl. 2006) 1 because certain provisions in the statute were not followed.”

Givan v. State, 2013 Ark. App. 701 (Ark. Ct. App. 2013).

— Ark. Code Ann. § 5-4-309(d) — 25 cases

Hanna v. State, 372 S.W.3d 375 (Ark. Ct. App. 2009). “” Ark.Code Ann. § 5-4-309(d) (Supp.2009). This is the general revocation statute.”

Barbee v. State, 56 S.W.3d 370 (Ark. 2001). “The trial judge found that appellant had violated the terms of his probation, revoked the probation, and sentenced him to six years' incarceration in the Arkansas Department of Correction.”

Cross v. State, 357 S.W.3d 895 (Ark. 2009). “3d 235 (2003) (concluding that the circuit court lacks the authority to revoke a suspended sentence prior to the commencement of the suspension period under Ark. Code Ann. § 5-4-309 ). We hold that Cross has challenged the circuit judge’s authority to impose her sentence, which…”

Bangs v. State, 835 S.W.2d 294 (Ark. 1992).

Ingram v. State, 363 S.W.3d 6 (Ark. Ct. App. 2009).

— Ark. Code Ann. § 5-4-309(e) — 6 cases

Carter v. State, 85 S.W.3d 914 (Ark. 2002). “Carter’s failure to appear and subsequent request for a postponement of the revocation hearing tolled the time in which the court had jurisdiction to act. In sum, the State contends the circuit court had jurisdiction so long as some type of process was issued by the State before…”

Smith v. State, 115 S.W.3d 820 (Ark. Ct. App. 2003).

Richmond v. State, 934 S.W.2d 214 (Ark. 1996).

Duncan v. State, 286 S.W.3d 776 (Ark. Ct. App. 2008).

— Ark. Code Ann. § 5-4-309(e)(2) — 1 case

Sandoval v. State, 2013 Ark. App. 586 (Ark. Ct. App. 2013).

— Ark. Code Ann. § 5-4-309(e)(3) — 1 case

Maxwell v. State, 336 S.W.3d 881 (Ark. Ct. App. 2009).

— Ark. Code Ann. § 5-4-309(f) — 9 cases

Walden v. State, 2014 Ark. 193 (Ark. 2014). “Ark.Code Ann. § 5-4-309(f) (Supp.2008). Based on the statutes in effect at the time of Walden’s crimes, trial courts were permitted to modify original court orders, including orders of incarceration followed by suspended sentences, and impose any sentence that might have been…”

Lewis v. State, 986 S.W.2d 95 (Ark. 1999). “§ 41-1208(6) [now Ark. Code Ann. § 5-4-309 (f)]. The Culpepper court reduced the defendant’s sentence from fifteen years’ to five years’ imprisonment, stating the defendant was entitled to know the effect of his sentence.”

Cox v. State, 229 S.W.3d 883 (Ark. 2006). “Cox alleges on appeal that Ark. Code Ann. § 5-4-309 (f)(1) (Repl. 2006) and 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.”

Moseley v. State, 80 S.W.3d 325 (Ark. 2002).

— Ark. Code Ann. § 5-4-309(f)(1) — 1 case

Cox v. State, 229 S.W.3d 883 (Ark. 2006). “Cox alleges on appeal that Ark. Code Ann. § 5-4-309 (f)(1) (Repl. 2006) and Ark.”

— Ark. Code Ann. § 5-4-309(f)(1)(A) — 2 cases

Cox v. State, 229 S.W.3d 883 (Ark. 2006). “Cox alleges on appeal that Ark. Code Ann. § 5-4-309 (f)(1) (Repl. 2006) and Ark.”

Jones v. State, 388 S.W.3d 503 (Ark. Ct. App. 2012).

— Ark. Code Ann. § 5-4-309(f)(l)(A) — 3 cases

Todd v. State, 2016 Ark. App. 204 (Ark. Ct. App. 2016).

Ward v. State, 374 S.W.3d 62 (Ark. Ct. App. 2010).

— Ark. Code Ann. § 5-4-309(g)(l)(A) — 2 cases

Ward v. State, 374 S.W.3d 62 (Ark. Ct. App. 2010).

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