Pike v. State

40 S.W.3d 795, 344 Ark. 478, 2001 Ark. LEXIS 240
CourtSupreme Court of Arkansas
DecidedApril 19, 2001
DocketCR 00-378
StatusPublished
Cited by19 cases

This text of 40 S.W.3d 795 (Pike v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pike v. State, 40 S.W.3d 795, 344 Ark. 478, 2001 Ark. LEXIS 240 (Ark. 2001).

Opinion

RAY THORNTON, Justice.

Appellant, Eric Scott Pike, appeals the April 19, 1999, judgment of the Benton County Circuit Court, finding him in contempt for violation of the court’s orders and sentencing him to 150 days’ imprisonment in the Benton County Jail. Appellant raises two points for reversal: (1) the trial court erred in finding appellant in contempt of court because it lost jurisdiction to do so when it executed his sentence, and (2) even if the trial court did not lose jurisdiction to find appellant in contempt, the trial court erred in sentencing appellant to imprisonment in excess of the statutory maximum sentence. We agree with appellant’s first point and reverse.

On November 10, 1993, appellant, Eric Scott Pike, pled guilty to four counts of forgery, Class C felonies. Appellant’s plea was deferred under Act 346 of 1975, 1 and he was placed on three years’ supervised probation.

On January 17, 1995, the State filed a petition for revocation of probation, alleging that appellant failed to report to his probation officer and failed to pay fines, fees, and costs. On January 30, 1995, the Benton County Circuit Court held a probation-revocation hearing based on these allegations. Appellant admitted the violations alleged in the State’s petition. The trial court found appellant in contempt of court and sentenced him to eighteen days in jail, with credit for eighteen days served. However, the trial court did not accept appellant’s initial guilty plea or revoke his Act 346 of 1975 status. The trial court also extended appellant’s probation by two years.

On October 8, 1996, the State filed a second petition for revocation of probation, alleging that appellant had (1) failed to report to his probation officer; (2) failed to pay fines, fees, and court costs; (3) tested positive for marijuana use on March 14, 1996; (4) admitted to using marijuana on April 15, 1996; and (5) failed to report a change of address to his probation officer. On September 4, 1997, the trial court held a second probation-revocation hearing based on these allegations. Appellant again admitted the violations alleged in the State’s petition for revocation of probation. Based on this admission, the trial court revoked his Act 346 of 1975 status, accepted his initial guilty plea on the charges of forgery, ordered him to pay the balance of $866.25 in fines, fees, and court costs, and found him in contempt of court, ordering him to serve 120 days in the Arkansas Department of Community Punishment’s Regional Punishment Facility. The trial court also extended appellant’s probation for another twenty-four months.

On June 5, 1998, the State filed a third petition for revocation of probation, alleging that appellant had failed to report to his probation officer and had failed to pay fines, fees, and court costs. On January 14, 1999, appellant filed a motion to dismiss the State’s third petition for revocation of probation, citing our decisions in McGhee v. State, 334 Ark. 543, 975 S.W.2d 834 (1998) and Harmon v. State, 317 Ark. 47, 876 S.W.2d 240 (1994). Appellant contended that the trial court had lost jurisdiction over him by entering its September 4, 1997, order that accepted his guilty plea, revoked his Act 346 of 1975 status, and executed his sentence by ordering him to pay the balance of $866.25 in fines, fees, and court costs. On April 12, 1999, the trial court denied appellant’s motion to dismiss. On April 19, 1999, the trial court held a third probation-revocation hearing based on allegations in the State’s third petition for revocation of probation. Appellant again admitted the violations alleged in the State’s petition. The trial court denied the State’s petition for revocation of probation, but found appellant in contempt for violating the conditions of his probation as alleged in the State’s third petition to revoke. The trial court sentenced appellant to 150 days in the Benton County Jail, but stayed the 150 days in jail so that appellant could file a petition for writ of prohibition in our court.

On August 9, 1999, appellant filed the petition for writ of prohibition in our court. On February 10, 2000, we denied appellant’s petition for writ of prohibition without prejudice to raise on direct appeal. Pike v. Benton Circuit Court, 340 Ark. 311, 10 S.W.3d 447 (2000).

Appellant appealed the trial court order to the Arkansas Court of Appeals, and on November 8, 2000, the court of appeals certified this case to us.

For his first argument on appeal, appellant argues that the trial court erred in finding him in contempt of court at the third revocation hearing because the trial court had lost jurisdiction over appellant after it executed his sentence at the second revocation hearing by accepting his guilty plea and ordering him to pay the balance of $866.25 in fines, fees, and court costs.

At the outset, we note that the State concedes that, if the question of jurisdiction can be addressed in this proceeding, the trial court lost jurisdiction. However, the State argues that although the trial court lost jurisdiction over appellant when it executed his sentence, appellant nevertheless had the obligation either to challenge the jurisdiction of the trial court as to the underlying order of probation by direct appeal or to abide by its terms, which, as the State points out, appellant did not do. The State further argues that appellant is not entitled to challenge the validity of the order underlying the contempt order because such a challenge would allow a defendant to willfully disobey a trial court’s orders based on a defendant’s own determination that the court lacked jurisdiction, regardless of the merits of his or her jurisdictional claim.

While this argument is generally correct, we disagree that it is applicable to the circumstances of this case. The validity of this argument depends upon the answer to the question whether the order underlying the finding of contempt was void, thereby depriving the trial court of subject-matter jurisdiction, or whether it was only voidable for error or other irregularity.

In determining whether one may be held in contempt for violating a court order, a distinction must be made between erroneous and void orders. In Etoch v. State, 332 Ark. 83, 964 S.W.2d 798 (1998), we stated that the fact that a decree was erroneous would not excuse disobedience on the part of those bound by its terms until the order was reversed. Id. (citing Meeks v. State, 80 Ark. 579, 98 S.W. 378 (1906)). We further stated that where the contemnor merely refused to comply -with an order that was clearly within the court’s jurisdiction and power, we will not look behind that order. Id. (citing Carle v. Burnett, 311 Ark. 477, 845 S.W.2d 7 (1993)).; see also Ark. Code Ann. § 16-10-108(a)(3) & (4) (Repl. 1999). 2

Our own holdings on this issue are harmonious with the general rule, stated in 17 Am.Jur.2d Contempt § 147 (2000), as follows:

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Bluebook (online)
40 S.W.3d 795, 344 Ark. 478, 2001 Ark. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pike-v-state-ark-2001.