SUPREME COURT OF ARKANSAS
No. CR06-351
BOBBY SCISSOM,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered September 28, 2006
APPEAL FROM THE POPE COUNTY
CIRCUIT COURT,
NO. CR03-163,
HON. JOHN S. PATTERSON, JUDGE,
CIRCUIT COURT REVERSED AND
REMANDED; COURT OF APPEALS
AFFIRMED IN PART, REVERSED IN
PART.
JIM GUNTER, Associate Justice
Appellee, the State of Arkansas, petitions for review from a court of appeals’ decision
to reverse and remand the Pope County Circuit Court’s order that extended appellant’s
probation by ordering him to serve twelve months in the Regional Punishment Facility as an
additional condition of probation, with credit to be given for time already served. See
Scissom v. State, — Ark. App. —, — S.W.3d — (March 15, 2006). We granted the State’s
petition for review pursuant to Ark. Sup.Ct. R. 2-4(e) and (f)(2006). We affirm the court of
appeals’ decision for resentencing and we reverse and remand to the circuit court for
sentencing under the proper statutes.
In March of 2003, appellant was charged with one count of possession of a controlled
substance with intent to deliver, a Class C felony and a violation under Ark. Code Ann. § 5-
-2-
64-401(2003). In its order issued September 29, 2003, the trial court placed appellant on
probation for sixty months conditioned in part upon his serving 120 days in the county jail,
a fine of $850, $150 in court costs, and 168 hours of community service work. Also, the trial
court ordered appellant to meet with a probation officer on a regular basis and to refrain from
using any controlled substances. On January 5, 2005, the State filed a petition for revocation
of probation alleging that appellant failed to report to his probation officer, was delinquent
on probation fees and court payments, and used controlled substances during his probationary
period.
In its order dated March 7, 2005, after finding that appellant had violated the
conditions of his probation, the trial court decided not to revoke the probation as requested
by the State. Instead,