Appeals court: Put conditions on paper
Judges issue suspended-sentence rules
FAYETTEVILLE — Courts must impose conditions on a person who receives a suspended sentence and those conditions must be in writing, the Arkansas Court of Appeals ruled Wednesday.
The ruling came in an appeal by Assefa Egziabher after Washington County Circuit Judge Mark Lindsay revoked his sentence. Egziabher, 46, of Fayetteville had pleaded guilty to three drug charges and a robbery count in 2012 and 2018.
Prosecutors moved to revoke Egziabher’s suspended sentences. The petitions alleged Egziabher violated the conditions of his suspended sentences by committing the new offense of felony possession of drug paraphernalia, possession of controlled substances, resisting arrest, failure to appear, theft by receiving, driving on a suspended or revoked driver’s license, improper use of registration, no proof of ownership, no liability insurance and violation of DWI implied consent.
The petition also alleged Egziabher failed to pay fines and costs, failed to report to his probation officer, failed to provide his address to his probation officer, evaded supervision, tested positive for controlled substances, failed to complete substance-abuse classes, failed to maintain employment and failed to pay court-ordered obligations.
A second amended revocation motion added allegations Egziabher had committed battery and failed to remain on good behavior.
Lindsay revoked Egziabher’s suspended sentences.
On appeal, the judges found two of the revocations were based on failures to comply with a term not included in any written notice of Egziabher’s conditions of suspended sentences.
“A court shall impose conditions on a person who receives a suspended sentence, and those conditions must be in writing,” according to the opinion. “The purpose of the statutory requirement is to avoid any misunderstanding. Consequently, a circuit court’s revocation cannot be based on conditions that were not communicated in writing to the defendant.”
Judges noted even implied terms, such as good behavior, must be explicitly included in the written terms in order to revoke for a violation of those terms.
“Here, there is no evidence in our record that the financial-obligations provision in cases Nos. 10-2089 and 11-1529 were expressly communicated in writing to Egziabher to be a condition of his suspended sentence, and we lack the authority to infer it as such,” judges wrote. “Accordingly, we hold that the circuit court improperly revoked Egziabher’s suspended sentence in cases Nos. 10-2089 and 11-1529. We reverse and remand for entry of a sentencing order consistent with this opinion.”