State of Arkansas v. Johnny Weaver
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SUPREME COURT OF ARKANSAS
No. CR07-637
STATE OF ARKANSAS,
Opinion Delivered March
13, 2008
APPELLANT,
APPEAL FROM THE PHILLIPS
COUNTY CIRCUIT COURT,
NO. CR-2006-43,
HON. L.T. SIMES, JUDGE,
VS.
JOHNNY WEAVER,
APPELLEE,
REVERSED AND REMANDED.
ANNABELLE CLINTON IMBER, Associate Justice
This case, like the six other companion cases decided today, see State v. Richardson, ___
Ark. ___, ___ S.W.3d ___ (Mar. 13, 2008); State v.Ashwood, ___ Ark. ___, ___ S.W.3d ___
(Mar. 13, 2008); State v. Joshaway, ___ Ark. ___, ___ S.W.3d ___ (Mar. 13, 2008); State v.
Holden, ___ Ark. ___, ___ S.W.3d ___ (Mar. 13, 2008); State v. Lee, ___ Ark. ___, ___
S.W.3d ___ (Mar. 13, 2008); State v. Whitfield, ___ Ark. ___, ___ S.W.3d ___ (Mar. 13,
2008), involves the issue of whether the Phillips County Circuit Court erred by dismissing the
charge against Appellee Johnny Weaver for an allegedly defective arrest warrant. Mayor
Weaver and five other former members of the West Helena City Council, as well as the
former West Helena City Clerk, were arrested and charged with theft of property for
negotiating checks that had been authorized by a vote of the City Council on November 10,
2005. The checks had been designated as salary payments for the year 2006, although the city
officials would no longer be in office as of December 31, 2005, due to the consolidation of
the Cities of Helena and West Helena. Mayor Weaver, as well as the other defendants, filed
a motion to dismiss the charge on grounds that the arrest warrant was unlawful under Arkansas
Rule of Criminal Procedure 7.1 (2007). The Phillips County Circuit Court granted the
motion and dismissed the charge. The State now appeals the circuit court’s order of dismissal.
The circuit court made its ruling from the bench on March 26, 2007, and the State
filed a notice of appeal from that ruling on April 18, 2007. Nevertheless, the circuit court did
not enter its written order until June 7, 2007. The State has thirty days from the entry of
order or judgment to file a notice of appeal. Ark. R. App.– Crim. 3(b) (2007). Despite the
filing discrepancy in this case, we conclude that the appeal was properly perfected because,
under Arkansas Rules of Appellate Procedure– Criminal 2(b)(1) (2007), a notice of appeal filed
after the circuit court announces a decision but before the entry of a written order shall be
treated as though it was filed the day after the order was entered.
For the reasons stated in State v. Richardson, supra, we accept jurisdiction over the
instant appeal pursuant to Arkansas Rule of Appellate Procedure –Criminal 3 (2007), and we
conclude that the circuit court erred by dismissing the charge against Mayor Weaver for an
allegedly defective arrest warrant.
Reversed and remanded.
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