Heather Travis v. State of Arkansas

2025 Ark. App. 127

Opinion

Cite as 2025 Ark. App. 127 ARKANSAS COURT OF APPEALS DIVISION II No. CR-24-416

Opinion Delivered February 26, 2025 HEATHER TRAVIS APPELLANT APPEAL FROM THE HOT SPRING COUNTY CIRCUIT COURT [NO. 30CR-17-138] V. HONORABLE STEPHEN L. SHIRRON, STATE OF ARKANSAS JUDGE APPELLEE REMANDED TO SETTLE AND SUPPLEMENT THE RECORD

WENDY SCHOLTENS WOOD, Judge

Heather Travis appeals from a Hot Spring County Circuit Court sentencing order

revoking her probation and sentencing her to 120 months’ imprisonment.1 On appeal,

Travis challenges the sufficiency of the evidence to support the revocation. We remand to

settle, if necessary, and supplement the record.

It appears as though Travis pleaded guilty in 2017 to five counts of forgery (Class C

felonies) and received 60 months’ probation. It also appears that her probation was revoked

in 2022 and that she received 48 months’ probation. On February 27, 2024, the State filed

1 This is a companion case to another case, No. 30CR-17-45, in which Travis had been placed on probation. The circuit court held a combined revocation hearing in both cases but issued separate sentencing orders in each case revoking Travis’s probation. Travis has filed separate appeals, and today we hand down opinions in both. See Travis v. State, 2025 Ark. App. 126. an “Amended Petition to Revoke (3rd Amended),” which is where the record before us

begins. Although the conditions of probation entered in regard to the 2022 revocation are

in the record, the prior sentencing orders and petitions to revoke are not. We require the

entire record to properly confirm our jurisdiction—to make sure that the circuit court had

the authority to revoke or to determine whether there might be an illegal-sentence issue.

Without the complete record, we cannot do so.

This court has stated that if anything material to either party is omitted from the

record by error or accident, we may direct that the omission be corrected and that a

supplemental record be certified and transmitted. Cockrell v. State, 2023 Ark. App. 430, at 4;

Ark. R. App. P.–Civ. 6(e) (as made applicable to criminal cases by Ark. R. App. P.–Crim.

4(a)). Accordingly, we remand to the circuit court to settle the record, if necessary, and

thereafter supplement the record with the omitted portions, including but not limited to

pleadings and resulting court orders. Travis has thirty days from the date of this opinion to

file a supplemental record with this court.

Remanded to settle and supplement the record.

KLAPPENBACH, C.J., and BARRETT, J., agree.

Gregory Crain, for appellant.

Tim Griffin, Att’y Gen., by: A. Evangeline Bacon, Ass’t Att’y Gen., for appellee.