Jaqualeyn Demond Goodwin v. State of Arkansas

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Cite as 2020 Ark. App. 402 Reason: I attest to the accuracy ARKANSAS COURT OF APPEALS and integrity of this document Date: 2021-07-08 15:26:10 Foxit PhantomPDF Version: DIVISION I 9.7.5 No. CR-20-49

Opinion Delivered September 16, 2020 JAQUALEYN DEMOND GOODWIN APPEAL FROM THE FAULKNER APPELLANT COUNTY CIRCUIT COURT [NO. 23CR-18-721] V.

HONORABLE CHARLES E. STATE OF ARKANSAS CLAWSON, JR., JUDGE

APPELLEE APPEAL DISMISSED

N. MARK KLAPPENBACH, Judge

Appellant Jaqualeyn Demond Goodwin was on probation for forgery when the State

filed a petition to revoke, alleging that Goodwin violated the conditions of his probation.

At the hearing on the petition, Goodwin entered a guilty plea, admitting that he had failed

to report as ordered and tested positive for drugs. The circuit court entered a sentencing

order pursuant to the guilty plea and sentenced Goodwin to three years in prison. Goodwin

filed a timely notice of appeal. Because we lack jurisdiction over the appeal of this guilty

plea, we dismiss the appeal.

As a general rule, one may not appeal from an order entered pursuant to a guilty

plea. Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645. The rule applies equally to pleas

entered to revocation petitions. See McJoy v. State, 2016 Ark. App. 337. Essentially, there

are three exceptions to the general rule: (1) when one enters a conditional guilty plea and

retains the right to argue one of the specific issues in Ark. R. Crim. P. 24.3(b); (2) when *2 there is a challenge to evidence presented in a sentencing hearing separate from the plea itself; and (3) when the assignment of error is from a sentence or sentencing procedure that was not an integral part of the acceptance of the plea. Id. We find nothing in this record that would bring Goodwin’s case within any of the exceptions to the general rule of nonappealability of a guilty plea. Therefore, we dismiss the appeal. See Bates v. State, 2017 Ark. App. 11.

Appeal dismissed.

HARRISON and HIXSON, JJ., agree.

Terry Goodwin Jones, for appellant.

Leslie Rutledge, Att’y Gen., by: David L. Eanes, Jr., Ass’t Att’y Gen., for appellee.