Dority v. State

Ray Thornton, Justice.

This appeal raises the question whether Ark. R. Crim. P. 28.1, which requires that a defendant be tried within twelve months from the time she is charged with an offense in circuit court, applies to a revocation of probation. The trial court found that the rule does not apply because, in a probation revocation hearing, the defendant is not charged with an offense, but is alleged to have violated the terms of a previously imposed sentence on an offense. This is a question of first impression for this court. The reasoning of the trial court is sound, and we affirm.

A felony…