Barner v. State (Majority)
Annotate this CaseAppellant pled nolo contendere to third-degree domestic battery and was ordered to complete one year of probation pursuant to Act 346 of 1975. Appellant appealed to the circuit court from the order of probation. The State moved to dismiss the appeal, alleging that a defendant who enters a plea of nolo contendere and is sentenced to probation pursuant to Act 346 of 1975 is not eligible to appeal the order of probation to circuit court. The circuit court dismissed the appeal on the basis that there was no conviction from which Appellant could appeal. The Supreme Court affirmed, holding (1) the State’s reliance on Lynn v. State did not provide a basis for reversal; (2) Ark. Code Ann. 5-4-305 does not apply in this case and does not grant Appellant the right to appeal to circuit court from the district court’s order of probation; and (3) Appellant’s right to a trial by jury was not violated by the circuit court’s dismissal of his appeal from district court.
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