CourtListener 9399688•Jamie Demon Jacobs v. State of Arkansas
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Cite as 2023 Ark. App. 292
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-22-175
Opinion Delivered May 17, 2023
APPEAL FROM THE COLUMBIA
JAMIE DEMON JACOBS
COUNTY CIRCUIT COURT
APPELLANT
[NO. 14CR-19-241]
V.
HONORABLE DAVID W. TALLEY, JR.,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED
CINDY GRACE THYER, Judge
Jamie Demon Jacobs challenges a Columbia County Circuit Court’s order revoking
his suspended imposition of sentence (SIS) on two counts of first-degree terroristic
threatening and sentencing him as a habitual offender to two consecutive ten-year terms of
imprisonment in the Arkansas Department of Correction (ADC). On appeal, he contends
that he was originally sentenced as a habitual offender on only one of the terroristic-
threatening counts; thus, the ten-year sentence imposed on revocation for the other count
exceeded the statutory maximum sentence for that count, which was six years. His argument
is based on inconsistencies found in the original sentencing order, which have now been
resolved by the circuit court on remand. The record before us reflects that Jacobs was, in
fact, originally sentenced as a habitual offender, and his sentence upon revocation is
therefore not illegal. Accordingly, we affirm.
In 2019, Jacobs was charged as a habitual offender with seven counts of aggravated
assault and eight counts of first-degree terroristic threatening. He subsequently pled guilty to
two of the terroristic-threatening counts listed as counts fourteen and fifteen of the
information.1 In exchange for his guilty plea on these charges, the other thirteen charges
were nolle prossed.
The sentencing order, filed on March 20, 2020, reflects that as to count fourteen, the
court imposed a sentence of twelve months in the ADC followed by ten years’ SIS. As to that
count, the court placed a checkmark in the box indicating that Jacobs was being sentenced
as a habitual offender pursuant to Arkansas Code Annotated section 5-4-501(a) (Supp. 2021)
and identified his habitual-offender status as an aggravating reason for a departure from the
presumptive sentencing range.
As to count fifteen, however, the sentencing order imposed only a ten-year SIS. It did
not reflect any additional term of incarceration. And while the box indicating that Jacobs
was being sentenced as a habitual offender pursuant to section 5-4-501(a) had been checked,
the order indicated that the sentence imposed was not a departure from the presumptive
sentence.
1
On that same day, Jacobs pled guilty as a habitual offender to one count of possession
of a controlled substance (methamphetamine or cocaine) in case No. 14CR-19-186 and was
sentenced to twelve months in the ADC with 120 months’ suspended imposition of
sentence. The sentencing order clearly specified that he was being sentenced as a habitual
offender and that his sentence was to run concurrently with the underlying sentence in the
instant case and the sentence imposed in case No. 14CR-13-56C.
2
On November 1, 2021, the State filed a petition to revoke Jacobs’s suspended
sentence,2 alleging that he had violated the conditions of his suspended sentence by
committing a criminal offense punishable by imprisonment, by possessing and using
controlled substances, and by failing to pay costs in his underlying cases.3
A revocation hearing was held on December 16, 2021, at which time Jacobs, Magnolia
Police Sergeant Liz Colvin, and Community Corrections Officer Thomas Fenske testified
regarding the allegations contained in the petition. After considering the evidence presented,
the circuit court revoked Jacobs’s suspended sentence, finding that he had violated the terms
and conditions of his SIS.4
2
The State alleged in the petition to revoke that Jacobs had been sentenced to one
year in the ADC and ten years’ SIS in case No. 14CR-19-241 on two counts of terroristic
threatening.
3
The charged offenses were felony fleeing in a vehicle, running a stop sign, driving
with a suspended driver’s license, possession of drug paraphernalia, and possession of
methamphetamine and marijuana. As for the possession/use allegation, Jacobs was found in
possession of methamphetamine and marijuana on or about October 5, 2021, and he tested
positive for amphetamine, methamphetamine, and marijuana on October 6, 2021. Finally,
at the time of the filing of the petition, he owed $575 in both cases Nos. 14CR-19-186 and
14CR-19-241.
4
The court found that he had violated the terms and conditions of his sentence by
testing positive for amphetamine, methamphetamine, and marijuana and by committing the
felony offenses of fleeing in a vehicle, driving with no driver’s license, possession of drug
paraphernalia, and possession of methamphetamine and marijuana. It did not make a
finding with regard to the delinquency in payment of his fines and fees because he had not
had an opportunity to make any payments given the short period of time between his release
and his subsequent arrest on new charges.
3
When the parties made their sentencing recommendations to the court, they
discussed the conflicting provisions in the original sentencing order related to Jacobs’s
habitual-offender status. The court acknowledged the inconsistencies and confirmed the
original order did not accurately reflect its intended sentence; yet it signed a sentencing order
imposing consecutive ten-year sentences on both counts without amending the original
sentencing order to reflect his habitual-offender status on count fifteen.
Jacobs timely appealed and raised the issue of whether the ten-year sentence imposed
by the circuit court on count fifteen exceeded the maximum sentence allowed by law.
Because both Jacobs and the State agreed that the original sentencing order contained
clerical errors essential to the resolution of the issues on appeal but disagreed as to which of
the conflicting provisions constituted the error, we remanded the matter to the circuit court
for entry of factual findings to resolve the factual issues surrounding the alleged clerical errors
and ordered amendment of the original sentencing order nunc pro tunc to address those
errors, if any. Jacobs v. State, 2023 Ark. App. 21 (Jacobs I).
On remand, the circuit court reviewed the transcript of the sentencing hearing and
its docket sheets and entered an order finding (1) that Jacobs had been found guilty of two
counts of terroristic threatening in the first degree; (2) that he was a habitual offender with
at least two prior felonies; (3) that it had accepted the plea recommendation and sentenced
Jacobs to a term of one year in the ADC with an additional ten years’ SIS on both counts;
and (4) that the March 5, 2020 order contained a clerical error that incorrectly reflected a
4
sentence of SIS on only one of the two terroristic-threatening counts. The court then entered
an amended order correcting those clerical errors.
Prior to remand, Jacobs argued that the trial court had incorrectly concluded that he
had been sentenced as a habitual offender on count fifteen, and thus, the sentence it
imposed on revocation improperly exceeded the statutory limitation for the original crime.
In support of his argument, he claimed that a term of incarceration is required when a
defendant is sentenced as a habitual offender, and the court did not impose any term of
incarceration for that count in the original order. Therefore, he had not been sentenced as
a habitual offender. He also highlighted the fact that the court did not depart from the
sentencing guidelines on that count and that it did not provide his habitual-offender status
as a reason for departure from the sentencing guideline as it did for count fourteen.
The original sentencing order as corrected by the circuit court on remand now clearly
reflects that, as to both terroristic-threatening counts, Jacobs was sentenced as a habitual
offender to one year in the ADC with ten years’ SIS and that his habitual-offender status was
the reason for the departure from the sentencing guidelines. Thus, Jacobs’s arguments on
appeal are without merit. Accordingly, we affirm; the December 30, 2021 sentencing order
entered upon revocation stands.
Affirmed.
BARRETT and WOOD, JJ., agree.
Erin W. Lewis, for appellant.
Leslie Rutledge, Att’y Gen., by: Walker K. Hawkins, Ass’t Att’y Gen., for appellee.
5
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