Ricky Flewellyn v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN E. JENNINGS, JUDGE

DIVISION II

CACR 01-355

December 19, 2001

RICKY FLEWELLYN APPEAL FROM PHILLIPS COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE HARVEY YATES,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

In 1994, appellant pled guilty to robbery and was given a suspended sentence. In 1999 the State filed a petition to revoke his suspended sentence on the ground that he had stabbed one Alton McCray in the chest with a knife. This fact was established at the revocation hearing, and the trial court revoked appellant's suspended sentence and sentenced him to twenty years in prison.

At the hearing, a West Memphis police officer testified that he had been present in municipal court when appellant had beenfound guilty of certain misdemeanors. For reversal appellant argues here that this evidence violated both the best evidence rule and the hearsay rule. We affirm for several reasons.

First, appellant's abstract is abjectly inadequate. Cannon v. State, 58 Ark. App. 182, 947 S.W.2d 409 (1997). Only by going to the record can we tell what appellant's argument is all about. Second, the rules of evidence do not apply in revocation hearings. Harris v. State, 72 Ark. App. 227, 35 S.W.3d 819 (2000). Third, the argument raised on appeal was not made to the trial judge. Hale v. State, 343 Ark. 62, 31 S.W.3d 850 (2000). Fourth, the testimony of the witness did not violate either the hearsay rule or the best evidence rule.

Finally, appellant's suspended sentence was not revoked because of any misdemeanor conviction, but rather because of the stabbing incident.

Affirmed.

Pittman and Vaught, JJ., agree.