The Arkansas Court of Appeals has rejected the claims of a Jefferson County man whose probation was revoked, ruling that the appeal was without merit.
Phillip Kimmel pleaded guilty to charges of attempting to manufacture a controlled substance, possession of a controlled substance and possession of drug paraphernalia in 2005. He was sentenced to 60 months probation. Among the conditions of that probation was a stipulation that he not commit any other offenses, that he report to a probation officer, and that he perform 120 hours community service.
He was arrested on Aug. 29, 2007, and charged with possession of a controlled substance with intent to deliver and possession of drug paraphernalia. Three months later, prosecutors filed a petition to revoke his probation because of the new charges, as well as allegations that he had failed to report to a probation officer, and failed to perform 120 hours community service.
During a hearing on the petition on May 14, 2009, Kimmel admitted that he had not contacted a probation officer and had violated the terms and conditions of his probation.
Four days later, Circuit Judge Jodi Raines Dennis entered an order accepting Kimmel’s admissions, and withheld sentencing until a review hearing could be held, which was scheduled for Aug. 13.
Independent reporting for Pine Bluff & Jefferson County since 1879.
Kimmel failed to appear for that hearing and a warrant was issued for his arrest. When the hearing was finally held Nov. 18, Kimmel again acknowledged that he had violated his probation.
Dennis revoked Kimmel’s probation and sentenced him to 15 years in prison. On appeal, he claimed that the judge was incorrect in revoking his probation.
Appeals Court Judge Doug Martin said in the court ruling that Kimmel’s attorney had said the appeal was without merit and had asked to be relieved, saying that there were no rulings by Dennis that would warrant reversing her decision.
“In the present case, Kimmel admitted that he violated the terms and conditions of his probation,” Martin said in the ruling. “As such, any argument that the circuit court’s ruling was erroneous would clearly be without merit.”
According to the Department of Correction’s website, Kimmel will be eligible to apply for parole Oct. 8.