Lampkin v. State
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ARKANSAS COURT OF APPEALS
DIVISION III
No. CACR08-1093
Opinion Delivered MAY 13, 2009
ALLEN L. LAMPKIN
APPELLANT
V.
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
[NO. CR 2005-3202]
HONORABLE BARRY SIMS, JUDGE
STATE OF ARKANSAS
APPELLEE
REVERSED AND REMANDED
ROBERT J. GLADWIN, Judge
This is the second appeal in this case. Appellant Allen Lampkin argues that the circuit
court abused its discretion in dismissing his district-court appeal and remanding the case back
to district court when he failed to appear at a pretrial status hearing. The State concedes error;
because we agree, we again reverse and remand.
Appellant was convicted in the Little Rock District Court of driving while intoxicated.
He appealed, and the circuit court dismissed the appeal and remanded the case to district court
for sentencing. He appealed the circuit-court dismissal, and this court reversed the dismissal,
holding that the circuit court erred in determining that appellant failed to appear without
good cause. On remand, a pretrial-status hearing was held in the circuit court on April 28,
2008. Neither appellant nor his attorney appeared that day. On May 27, 2008, the circuit
court entered an order again dismissing his appeal and remanding the case to Little Rock
District Court. This timely appeal followed.
We review questions of statutory interpretation de novo and construe criminal statutes
strictly, resolving all doubts in favor of the defendant. See Lampkin v. State, 101 Ark. App.
275, 275 S.W.2d 679 (2008). An appellant may raise an erroneous dismissal for the first time
on appeal. See Ayala v. State, 365 Ark. 192, 226 S.W.3d 766 (2006).
Arkansas Code Annotated section 16-96-508 (Repl. 2006) permits the circuit court
to dismiss an appeal and remand the case back to the district court when a defendant fails to
appear for trial. However, a dismissal is not proper when the defendant fails to appear for a
pretrial hearing. See Ayala, supra; Williams v. State, 79 Ark. App. 216, 85 S.W.3d 561 (2002).
Because appellant failed to appear at a pretrial hearing, rather than at his trial, the
parties agree that the circuit court lacked the authority to dismiss appellant’s appeal. We agree
and reverse and remand for further proceedings.
Reversed and remanded.
H ART and K INARD, JJ., agree.
-2-
CACR08-1093
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