Parks v. State

3 Citing cases

  1. Johnson v. State

    2014 Ark. 74 (Ark. 2014)   Cited 11 times

    We have also held that the time limitation loses its meaning and is inapplicable when the defendant is not incarcerated while awaiting his revocation hearing. Parks v. State, 303 Ark. 208, 795 S.W.2d 49 (1990). Because Johnson was not incarcerated preceding the revocation hearing, the limitations period did not apply.

  2. Miller v. State

    2011 Ark. App. 554 (Ark. Ct. App. 2011)   Cited 6 times

    Because the petition to revoke his suspension was filed on June 17, 2009, and the revocation hearing was not held until May 2010, Miller contends that there was no compliance with the statute and that his fundamental right to a speedy disposition of the matter was violated. However, as the State argues, the sixty-day limitation found in section 5–4–310 has been interpreted as mandatory only where the defendant is arrested for the violation of the conditions of his suspension or probation. Bilderback v. State, 319 Ark. 643, 893 S.W.2d 780 (1995); Parks v. State, 303 Ark. 208, 795 S.W.2d 49 (1990). The purpose of the sixty-day limitation is to limit the amount of time that the defendant is detained in jail awaiting the revocation hearing and is not in the nature of a speedy-trial provision; where the defendant is incarcerated on other [Ark. App. 7]charges or is not incarcerated at all, the limitation loses its meaning and is inapplicable. Parks, supra.

  3. Miller v. State

    2011 Ark. App. 554 (Ark. Ct. App. 2011)

    Because the petition to revoke his suspension was filed on June 17, 2009, and the revocation hearing was not held until May 2010, Miller contends that there was no compliance with the statute and that his fundamental right to a speedy disposition of the matter was violated. However, as the State argues, the sixty-day limitation found in section 5-4-310 has been interpreted as mandatory only where the defendant is arrested for the violation of the conditions of his suspension or probation. Bilderback v. State, 319 Ark. 643, 893 S.W.2d 780 (1995); Parks v. State, 303 Ark. 208, 795 S.W.2d 49 (1990). The purpose of the sixty-day limitation is to limit the amount of time that the defendant is detained in jail awaiting the revocation hearing and is not in the nature of a speedy-trial provision; where the defendant is incarcerated on other charges or is not incarcerated at all, the limitation loses its meaning and is inapplicable. Parks, supra.