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2015 Ark. App. 308
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-14-1081
J.P. Opinion Delivered: May 6, 2015
APPELLANT
APPEAL FROM THE BENTON COUNTY
V. CIRCUIT COURT
[NO.J-14-190]
STATE OF ARKANSAS
APPELLEE HONORABLE THOMAS E. SMITH, JUDGE
AFFIRMED
WAYMOND M. BROWN, Judge
Appellant appeals from the circuit court’s disposition order in her juvenile
delinquency case. On appeal, her sole argument is that the trial court erred by imposing an
illegal sentence. We affirm.
Appellant and her mother entered a Kohl’s department store in Rogers, Arkansas,
on three different occasions.1 On each occasion, appellant would enter with a visibly
empty bag; select clothing; enter the dressing room, where she would remain for no more
than two minutes; exit the dressing room with no merchandise, but a visibly larger bag;
and then return merchandise from her now visibly larger bag to the store at its point-of-
sale register for a merchandise credit card. Appellant always returned the merchandise by
herself.
1
The dates were February 16, 2013; February 23, 2013; and March 5, 2013.
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Because there was no receipt for the merchandise on any occasion, appellant was
required to provide identification to complete the returns. She provided her driver’s
license. She was identified by the store’s loss-prevention supervisor via the excessive
number of returns to the store without a receipt under her driver’s license number. Her
thefts on each occasion were verified by video. She was apprehended and detained on
March 22, 2013, when appellant and her mom completed the same actions and attempted
to return the stolen merchandise.
A delinquency petition for one count of theft of property, a Class A misdemeanor,
was filed on March 10, 2014.2 A trial was held on the matter on July 16, 2014. At its
conclusion, ruling from the bench, the circuit court stated that is was “going to defer
finding [appellant] guilty for three months. Pay court costs of $35. Pay a fine of $100.”
The court then set a review hearing for October 8, 2014, informing appellant that “if [she
stays] out of trouble, and pay[s] that, [the court will] probably just dismiss the case at that
time.” Appellant was required to report to probation during the intervening three months
before the review hearing. In its August 5, 2014 order, the circuit court found appellant
guilty of theft of property, a Class A misdemeanor; placed appellant on probation for three
months; and further ordered her to “pay Court Costs of thirty-five dollars ($35.00) and
2
There was a “glitch” in the system at the Rogers Police Department (RPD), which
caused Kohl’s theft reports not to be assigned to detectives. By the time the RPD
recognized the problem, speedy-trial time limitations had run on appellant’s February 16,
2013 theft. Though discussed at trial, with video provided, it appears that the February 23,
2013 theft was not reported to the RPD, as Officer Jeffrey Lane testified to being
dispatched to Kohl’s on March 20, 2013, for delayed shoplifting reports for incidents
occurring on February 16, 2013, and March 5, 2013. Accordingly, the State was able to
prosecute only the March 5, 2013 theft. See Ark. R. Crim. P. 28.1 (2014).
2
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restitution to Benton County in lieu of a fine in the amount of one hundred dollars
($100.00).” This timely appeal followed.
An issue of an illegal sentence goes to subject-matter jurisdiction, and we may
review the issue whether or not an objection was made in the circuit court. 3 A sentence is
void or illegal when the court lacks authority to impose it.4
Referring to the circuit court’s ruling from the bench, appellant asserts that the
court entered an illegal sentence against her for deferring her delinquency-finding, but
imposing a sentence on her nonetheless. Her argument is in error as it ignores the circuit
court’s written order.
If a juvenile is found to be delinquent, the circuit court may enter an order making
any of the following dispositions, among other listed actions, based upon the best interest
of the juvenile:
1. Place the juvenile on probation under those conditions and limitations that the
court may prescribe pursuant to Arkansas Code Annotated section 9-27-339(a),5
2. Assess a court cost of no more than thirty-five dollars to be paid by the juvenile,
his or her parent, both parents, or his or her guardian,6 and
3. Order restitution to be paid by the juvenile, a parent, both parents, the
guardian, or his or her custodian.7
3
Richie v. State, 2009 Ark. App. 522, at 1–2,
337 S.W.3d 529, 530 (citing Donaldson v.
State,
370 Ark. 3,
257 S.W.3d 74 (2007)).
4
Id., at 2, 337 S.W.3d at 530 (citing Donaldson,
370 Ark. 3,
257 S.W.3d 74).
5
Ark. Code Ann. § 9-27-330(a)(4)(A) (Repl. 2009).
6
Ark. Code Ann. § 9-27-330(a)(6).
7
Ark. Code Ann. § 9-27-330(a)(7).
3
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The circuit court did orally state that it was deferring a finding of delinquency before
orally sentencing appellant three months’ probation, ordering her to pay to $35 for court
costs, and ordering her to pay a fine of $100. However, the circuit court’s written order
included a finding of guilt of theft of property, a Class A misdemeanor, thereby finding
appellant delinquent, before ordering the same court costs, $100 in restitution, and three
months’ probation. When there is a discrepancy between the judgment and commitment
order and the pronouncement of sentence, it is the entered judgment and commitment
order that controls.8 Because the court adjudicated appellant delinquent in its written
order, the sentence it imposed was not illegal.
Affirmed.
VAUGHT and HOOFMAN, JJ., agree.
Rosalyn A. Watts, for appellant.
Leslie Rutledge, Att’y Gen., by: Karen Virginia Wallace, Ass’t Att’y Gen., for
appellee.
8
Vance v. State, 2011 Ark. 243, at 35,
383 S.W.3d 325, 347 (citing Stenhouse v. State,
362
Ark. 480,
209 S.W.3d 352 (2005) (citing Johninson v. State,
330 Ark. 381,
953 S.W.2d 883
(1997), and Ark. Sup. Ct. Admin. Order No. 2 (2005))).
4
