Arkansas Code Annotated

Ark. Code Ann. § 5-4-310 (2026)

[Repealed.]

✓ current as of May 2026

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Publisher's Notes. This section, concerning revocation hearings, was repealed by Acts 2011, No. 570, § 12. The section was derived from Acts 1975, No. 280, § 1209; A.S.A. 1947, § 41-1209.

Notes of Decisions

Cited in 54 cases (1 in the last 5 years), 1988–2021 · leading case: Thompson v. State, 28 S.W.3d 290 (Ark. 2000).

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Thompson v. State, 28 S.W.3d 290 (Ark. 2000). · cites it 14× “Ark.Code Ann. § 5-4-310 (Repl.1997). For example, § 5-4-310 sets these procedures for revocation hearings: a preliminary hearing to determine if there is reasonable cause for violating suspension or probation shall be held unless waived by defendant; a hearing shall occur in…”

Box v. State, 30 S.W.3d 754 (Ark. Ct. App. 2000). · cites it 8× “In our view, this provision can be likened to Ark. Code Ann. § 5-4-310 (b)(5) (Repl. 1997), which requires that a court “shall furnish a written statement of the evidence relied upon and the reasons for revoking suspension or probation.”

Seamster v. State, 308 S.W.3d 567 (Ark. 2009). · cites it 7× “However, he apparently intended to refer to Ark.Code Ann. § 5-4-310(b)(5), where the provision is actually located.”

Miner v. State, 28 S.W.3d 280 (Ark. 2000). · cites it 7× “Ark. Code Ann. § 5-4-310 (Repl. 1997). For example, § 5-4-310 sets these procedures for revocation hearings: • a preliminary hearing to determine if there is reasonable cause for violating suspension or probation shall be held unless waived by defendant; • a hearing shall occur…”

Miller v. State, 386 S.W.3d 65 (Ark. Ct. App. 2011). · cites it 6× “Miller also argues that under Ark. Code Ann. § 5-4-310 (b)(2) (Repl.1996), a revocation hearing must be held within sixty days of the defendant’s arrest.”

Gholson v. State, 308 S.W.3d 189 (Ark. Ct. App. 2009). · cites it 9× “” Each of the requirements of section 5-4-310 was met in this case. Appellant does not dispute that he had actual notice of the requirements in Arkansas Code Annotated section 5 — 4—310(b)(3).”

DeHart v. State, 849 S.W.2d 497 (Ark. 1993). · cites it 4× “The trial court did not provide DeHart with a written statement of the evidence under § 5-4-310(b)(5), and she claims this is error.”

Johnson v. State, 2014 Ark. 74 (Ark. 2014). · cites it 4× “2 The General Assembly repealed section 5-4-310 by Act 570, § 12 of 2011.”

Jones v. State, 388 S.W.3d 503 (Ark. Ct. App. 2012). · cites it 4× “1 That statute provides that a revocation hearing “shall be conducted by the court that .”

Brandon v. State, 776 S.W.2d 345 (Ark. 1989). · cites it 4× “Ark. Code Ann. § 5-4-310 (a)(l) (1987) provides for a preliminary hearing to determine if there is reasonable cause to believe the defendant has violated a condition of suspension.”

Bilderback v. State, 893 S.W.2d 780 (Ark. 1995). · cites it 3× “Bilderback moved to dismiss on the ground that the hearing was not held within 60 days of the arrest as required by Ark. Code Ann. § 5-4-310 (b)(2) (Repl. 1993).”

Cross v. State, 357 S.W.3d 895 (Ark. 2009). · cites it 2× “She claims that pursuant to Arkansas Code Annotated section 5 — 4—303(d)(2), a circuit judge may not lengthen a period of probation unless a revocation hearing is held pursuant to Arkansas Code Annotated section 5-4-310 of the Criminal Code and the defendant is found guilty or…”

Show all 54 citing cases →

— Ark. Code Ann. § 5-4-310(b) — 3 cases

Beasley v. Graves, 869 S.W.2d 20 (Ark. 1994).

Barnes v. State, 742 S.W.2d 925 (Ark. 1988).

Cook v. State, 952 S.W.2d 677 (Ark. Ct. App. 1997).

— Ark. Code Ann. § 5-4-310(b)(2) — 13 cases

Seamster v. State, 308 S.W.3d 567 (Ark. 2009). “However, he apparently intended to refer to Ark.Code Ann. § 5-4-310(b)(5), where the provision is actually located.”

Johnson v. State, 2014 Ark. 74 (Ark. 2014). “2 The General Assembly repealed section 5-4-310 by Act 570, § 12 of 2011.”

Miller v. State, 386 S.W.3d 65 (Ark. Ct. App. 2011). “Miller also argues that under Ark. Code Ann. § 5-4-310 (b)(2) (Repl.1996), a revocation hearing must be held within sixty days of the defendant’s arrest.”

Jones v. State, 388 S.W.3d 503 (Ark. Ct. App. 2012). “1 That statute provides that a revocation hearing “shall be conducted by the court that .”

Wesson v. Hobbs, 2014 Ark. 285 (Ark. 2014).

— Ark. Code Ann. § 5-4-310(b)(3) — 2 cases

Gholson v. State, 308 S.W.3d 189 (Ark. Ct. App. 2009). “” Each of the requirements of section 5-4-310 was met in this case. Appellant does not dispute that he had actual notice of the requirements in Arkansas Code Annotated section 5 — 4—310(b)(3).”

Bonham v. State, 43 S.W.3d 753 (Ark. Ct. App. 2001).

— Ark. Code Ann. § 5-4-310(b)(4) — 1 case

— Ark. Code Ann. § 5-4-310(b)(5) — 7 cases

Box v. State, 30 S.W.3d 754 (Ark. Ct. App. 2000). “In our view, this provision can be likened to Ark. Code Ann. § 5-4-310 (b)(5) (Repl. 1997), which requires that a court “shall furnish a written statement of the evidence relied upon and the reasons for revoking suspension or probation.”

Seamster v. State, 308 S.W.3d 567 (Ark. 2009). “However, he apparently intended to refer to Ark.Code Ann. § 5-4-310(b)(5), where the provision is actually located.”

DeHart v. State, 849 S.W.2d 497 (Ark. 1993). “The trial court did not provide DeHart with a written statement of the evidence under § 5-4-310(b)(5), and she claims this is error.”

Dooly v. State, 377 S.W.3d 471 (Ark. Ct. App. 2010).

Beebe v. State, 303 S.W.3d 89 (Ark. Ct. App. 2009).

— Ark. Code Ann. § 5-4-310(b)(l) — 1 case

— Ark. Code Ann. § 5-4-310(c)(1) — 1 case

Thompson v. State, 28 S.W.3d 290 (Ark. 2000). “Ark.Code Ann. § 5-4-310 (Repl.1997). For example, § 5-4-310 sets these procedures for revocation hearings: a preliminary hearing to determine if there is reasonable cause for violating suspension or probation shall be held unless waived by defendant; a hearing shall occur in…”

— Ark. Code Ann. § 5-4-310(c)(2) — 3 cases

Sherman v. State, 308 S.W.3d 614 (Ark. 2009).

Cannon v. State, 379 S.W.3d 561 (Ark. Ct. App. 2010).

— Ark. Code Ann. § 5-4-310(c)(l) — 1 case

Cannon v. State, 379 S.W.3d 561 (Ark. Ct. App. 2010).

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