Christopher M. Parker v. State of Arkansas

Cite as 2022 Ark. App. 315 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-21-566 Opinion Delivered September 7, 2022 CHRISTOPHER M. PARKER APPELLANT APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT V. [NO. 66FCR-06-652] HONORABLE R. GUNNER DELAY, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED PHILLIP T. WHITEAKER, Judge Christopher Parker appeals from a sentencing order entered by the Sebastian County Circuit Court on November 9, 2021, that revoked his suspended imposition of sentence (SIS), sentenced him to one year in the Arkansas Department of Correction (ADC), and imposed an additional seven years’ SIS. On appeal, Parker argues that the circuit court erred in revoking his SIS because the warrant pursuant to which he was arrested was stale. We affirm. I. Background In January 2007, Parker pled guilty in case No. CR-06-652 to one count of possession of cocaine, a Class C felony; one count of possession of drug paraphernalia, a Class C felony; and one count of possession of marijuana, a Class A misdemeanor. He was sentenced to six years’ SIS on the felonies and one year SIS for the misdemeanor. In November 2012, Parker pled no contest to a petition to revoke his SIS in case No. CR-06-652 and also entered a no- contest plea in two additional new cases: No. CR-07-1275, a D Felony second-degree battery; and No. CR-10-811, a D Felony count of possession of marijuana. Parker was sentenced to two years in the ADC on each count, with a total additional eight years’ SIS.1 On March 22, 2018, the State filed a petition to revoke Parker’s SIS, and a bench warrant for Parker’s arrest was issued. The State alleged that Parker had violated the terms and conditions of his SIS by committing the offense of second-offense driving while intoxicated. For reasons that are not clear from the record, Parker was not served with the revocation warrant until September 4, 2021, a span of nearly three-and-a-half years after it was issued. The circuit court held a hearing on the State’s revocation petition in November 2021. At the hearing, Parker argued that the revocation petition should be dismissed because the arrest warrant was stale. Parker noted that the warrant had been issued in March 2018. Subsequent to its issuance, Parker appeared in district court in December 2018 but was not served at that time. Parker then appealed his district court conviction to the circuit court. When he appeared in person in circuit court for the district court appeal, he once again was not served with the revocation warrant. Moreover, during the time the warrant was pending 1 Parker was also sentenced to one year in the county jail for the misdemeanor, with that time being satisfied by his ADC sentence. He was ordered to surrender to the ADC on December 17, 2012, and he was released on April 19, 2013. 2 but unserved, Parker argued, he “religiously” paid off the balances of his court fees and costs, completing his payments in February 2021. Parker conceded that …

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