Background
Damien Dickerson pleaded guilty in February 2021 to aggravated assault on a family or household member, criminal mischief, and failure to appear. He received forty-eight months’ probation for aggravated assault and failure to appear, but only twelve months’ probation for criminal mischief.
The State petitioned in May 2022 to revoke Dickerson’s probation on allegations including evading supervision, failing to report a residence change, testing positive for illegal substances, and failing to pay fines. After a September 2024 hearing, the circuit court revoked probation and imposed prison sentences for aggravated assault and failure to appear, plus twelve months in county jail for criminal mischief.
The Court’s Holding
The Arkansas Court of Appeals held that the circuit court lacked jurisdiction to revoke Dickerson’s probation for criminal mischief. That twelve-month probationary term expired on February 25, 2022, more than two months before the State filed its revocation petition on May 3, 2022.
Because a court cannot revoke probation and impose sentence after the probation term has expired, the court reversed and dismissed the criminal-mischief portion of the judgment. It affirmed the revocations for aggravated assault on a family or household member and failure to appear.
Key Takeaways
- A court lacks authority to revoke probation after the applicable probationary term expires.
- Whether a court had jurisdiction to revoke probation may be raised for the first time on appeal.
- Separate probation terms must be assessed independently when determining revocation jurisdiction.
Why It Matters
The decision underscores that a timely revocation petition is jurisdictional as to each offense and probation term. A valid revocation of longer probationary terms does not preserve jurisdiction over a separate term that expired before revocation proceedings began.