Sanders v. State

Supreme Court of Arkansas

Sanders v. State

798 S.W.2d 926, 304 Ark. 109, 1990 Ark. LEXIS 583

CourtSupreme Court of Arkansas

DecidedDecember 10, 1990

Docket90-165

StatusPublished

Cited by1 cases

This text of 798 S.W.2d 926 (Sanders 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.

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Sanders v. State, 798 S.W.2d 926, 304 Ark. 109, 1990 Ark. LEXIS 583 (Ark. 1990).

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Opinion

Dale Price, Justice.

The appellant, John Sanders, appeals from the probate court’s denial of his motion to dismiss. He contends the probate court lost jurisdiction to commit him to the Arkansas State Hospital due to the failure of the Arkansas Department of Human Services (ADHS) to file a psychiatric or psychological report within thirty days following the entry of his order of acquittal pursuant to Ark. Code Ann. § 5-2-314 (Supp. 1989). We are unable to address this argument on its merits because the record does not contain the circuit court’s order of acquittal. Drone v. State, 303 Ark. 607, 798 S.W.2d 434 (1990).

The record consists of the report of ADHS dated February 27, 1990, proceedings of the commitment hearing conducted on March 8, 1990, and the probate court’s order of commitment of March 9,1990. It is well settled that an appellant must bring up a record sufficient to show the trial court was wrong. Malone v. State, 294 Ark. 376, 742 S.W.2d 945 (1988).

The probate court’s denial of the appellant’s motion to dismiss is therefore affirmed.

Affirmed.

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Dale Price, Justice.

The appellant, John Sanders, appeals from the probate court’s denial of his motion to dismiss. He contends the probate court lost jurisdiction to commit him to the Arkansas State Hospital due to the failure of the Arkansas Department of Human Services (ADHS) to file a psychiatric or psychological report within thirty days following the entry of his order of acquittal pursuant to Ark. Code Ann. § 5-2-314 (Supp. 1989). We are unable to address this argument on its merits because the record does not contain the circuit court’s order of acquittal. Drone v. State, 303 Ark. 607, 798 S.W.2d 434 (1990).

The record consists of the report of ADHS dated February 27, 1990, proceedings of the commitment hearing conducted on March 8, 1990, and the probate court’s order of commitment of March 9,1990. It is well settled that an appellant must bring up a record sufficient to show the trial court was wrong. Malone v. State, 294 Ark. 376, 742 S.W.2d 945 (1988).

The probate court’s denial of the appellant’s motion to dismiss is therefore affirmed.

Affirmed.

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798 S.W.2d 926, 304 Ark. 109, 1990 Ark. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-ark-1990.

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