Scissom v. State

¶1concurring in part; dissenting in part. I dissent from the majority opinion to the extent that it limits the trial court to imposing “such other available additional conditions of probation or fines during the period of probation as authorized by Ark. Code Ann. § 5-4-306(b) (Supp. 1999).” In my opinion, we should not, at this point, attempt to define the full range of options available to the trial court upon remand. It appears to me that it is premature to decide that the trial court is limited to adding to or modifying the conditions of appellant’s probation. Notably, at the revocation hearing, the trial court specifically found that appellant had violated the terms and conditions of his probation. Whether the trial court could decide upon remand to revoke the probation is an issue that is not yet before us and one which has not been briefed by the parties. I do not read the case cited by the majority, Reeves v. State, 339 Ark. 304, 5 S.W.3d 41 (1999), which did not involve a revocation hearing, as prohibiting the trial court from considering revocation as an option upon remand. In the absence of any definitive authority regarding the options available to the trial court, I think that we should express no opinion on that matter.