Brimer v. State, CR
| Decision Date | 19 March 1990 |
| Docket Number | No. CR,CR |
| Citation | 301 Ark. 540,785 S.W.2d 458 |
| Parties | Linda Carolina BRIMER, Appellant, v. STATE of Arkansas, Appellee. 89-237. |
| Court | Arkansas Supreme Court |
Donald R. Huffman, Bentonville, for appellant.
John David Harris, Asst. Atty. Gen., Little Rock, for appellee.
This is a second appeal of this case. The appellant, Linda Brimer, was employed as a bookkeeper by Mary Morgan and her husband, Dr. Benjamin Spock, from 1982 to 1984. During that time appellant misappropriated a large sum of her employers' money; the prosecutor said it was a little over $138,000.00, and she said it was considerably less. She pleaded guilty to theft of property, a Class C felony. On January 12, 1987, the trial court sentenced her to six (6) years in prison, with two (2) years of the sentence suspended provided she made restitution of $135,000, payable over a twelve-year period. The beginning payments were to be $200.00 per month. Appellant appealed the judgment, but apparently did not make an appeal bond because she served fifteen (15) months in the penitentiary and made $200.00 payments to the clerk of the trial court in January, February, and March of 1988. On April 5, 1988, the $600.00 which she had paid to the county clerk was paid by the clerk to the victims. On March 14, 1988, we reversed and remanded the judgment because (a) the maximum sentence for the Class C felony was ten (10) years and the trial court made the period of restitution run over a twelve (12) year period, and (b) the appellant was not allowed to offer testimony about the amount she owed. Brimer v. State, 295 Ark. 20, 746 S.W.2d 370 (1988).
By order dated October 24, 1988, the appellant was resentenced to (a) ten (10) years suspended imposition of sentence, (b) $20,000.00 in restitution, payable at the rate of $100.00 per month for one year, $200.00 per month through December 1996, and the balance due before January 1 1997, and (c) entry of a civil judgment in favor of Benjamin Spock and Mary Morgan in the amount of $83,000.00. In short, aside from the prison term, the resentencing amounted to an order of restitution and a civil judgment totaling $103,000.00 while the original order of restitution had been for $135,000.00. The appellant did not appeal from this second sentence. It became a final judgment.
Over the next six (6) months, the appellant did not make the first six (6) payments of $100.00 due each month under the order of restitution and did not make any payments on the $83,000.00 civil judgment. The prosecutor filed a petition to revoke appellant's suspended imposition of sentence, and Spock and Morgan sought to garnish appellant's wages. The trial court set a hearing on the petition to revoke. Appellant did not file any pleadings in either action.
At the revocation hearing no witnesses were heard. The attorneys agreed no payments had been made under the second order of restitution. The appellant's attorney argued that she was entitled to six (6) months credit for the $600.00 paid under the first, or reversed, order of restitution, and the State's attorney argued that $600.00 was expressly considered in the agreement to reduce the judgments from $135,000.00 to $103,000.00. In its findings the trial court held in accordance with the State's argument, but stated that appellant was legitimately confused over the matter and refused to...
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Timmons v. State, CA CR 02-657.
...challenge to sentence barred when no notice of appeal or post-trial motion was made raising or preserving challenge); Brimer v. State, 301 Ark. 540, 785 S.W.2d 458 (1990) (finding that failure to appeal earlier order precluded challenging restitution amount in later revocation proceeding). ......
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Cross v. State
...argument that Cross's appeal is untimely, the State cites Timmons v. State, 81 Ark.App. 219, 100 S.W.3d 52 (2003), and Brimer v. State, 301 Ark. 540, 785 S.W.2d 458 (1990). We do not agree that those cases control the instant case. In Timmons v. State, Timmons was charged with being a felon......
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Collins v. State, CA CR 08-1513 (Ark. App. 6/17/2009)
...to a sentence was barred when no notice of appeal or post-trial motion was made raising or preserving the challenge); Brimer v. State, 301 Ark. 540, 785 S.W.2d 458 (1990) (finding that the failure to appeal an earlier order precluded challenging a amount in a later revocation proceeding)). ......
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Sisk v. State, CA CR 02-649.
...an appellant may file a post-trial motion challenging the simultaneous sentences of probation and suspended sentence. Brimer v. State, 301 Ark. 540, 785 S.W.2d 458 (1990) (finding that the failure to appeal an earlier order precluded challenging restitution amount in later revocation procee......