Damien Dickerson v. State of Arkansas

2026-08-19

Summary · law.co

Holding. The court affirmed the revocation of probation for aggravated assault and failure to appear but reversed and dismissed the revocation for criminal mischief because the probation period for that offense had expired before the state filed its revocation petition, depriving the trial court of jurisdiction.

Damien Dickerson challenged the trial court's revocation of his probation on three counts: aggravated assault on a family or household member, criminal mischief, and failure to appear. The appellate court found that while the revocation was proper as to aggravated assault and failure to appear, it was improper as to criminal mischief because the probation period for that offense had already expired before the state filed its petition to revoke.

Dickerson received a twelve-month probation term for criminal mischief beginning February 25, 2021, which meant it expired on February 25, 2022. The state did not file its revocation petition until May 3, 2022—more than two months after the probation period had ended. Because a trial court lacks jurisdiction to revoke probation after expiration of the probation term, the court had no authority to revoke or resentence Dickerson on the criminal mischief charge, even though the jurisdictional issue was not raised at trial.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a trial court retains jurisdiction to revoke probation after the probation period has expired
Whether a jurisdictional defect regarding probation revocation can be raised for the first time on appeal
Calculation of probation expiration dates and timeliness of revocation petitions

Procedural posture

Dickerson appealed from the Faulkner County Circuit Court's order revoking his probation and resentencing him on multiple counts.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Cite as 2026 Ark. App. 359

ARKANSAS COURT OF APPEALS

DIVISION I

No. CR-24-815

DAMIEN DICKERSON Opinion Delivered August 19, 2026

APPELLANT

APPEAL FROM THE FAULKNER

COUNTY CIRCUIT COURT

V. [NO. 23CR-19-987]

STATE OF ARKANSAS HONORABLE H.G. FOSTER, JUDGE

APPELLEE

AFFIRMED IN PART; REVERSED AND

DISMISSED IN PART

RAYMOND R. ABRAMSON, Judge

Damien Dickerson appeals the Faulkner County Circuit Court’s revocation of his

probation. On appeal, Dickerson argues that the circuit court erred by revoking his

probation for criminal mischief because his probation had expired before the State filed its

petition to revoke. We reverse and dismiss the circuit court’s judgment as it relates to

criminal mischief.

On February 25, 2021, Dickerson pled guilty to aggravated assault on a family or

household member, criminal mischief, and failure to appear. He was sentenced to forty-eight

months’ probation for aggravated assault and failure to appear and to twelve months’

probation for criminal mischief. He was fined $1000 and ordered to pay fees and courts

costs.

On May 3, 2022, the State petitioned to revoke Dickerson’s probation for aggravated

assault and failure to appear. The State alleged that Dickerson had evaded supervision, had

not reported a change in residence, had tested positive for illegal substances, and had failed

to pay fines.

On September 9, 2024, the court held a revocation hearing, and it revoked

Dickerson’s probation. On September 13, the court entered a sentencing order, and it

sentenced Dickerson to sixty months’ incarceration for aggravated assault and for failure to

appear. It also sentenced Dickerson to twelve months in the county jail for criminal mischief,

and it checked the box indicating that Dickerson was found guilty and sentenced by the

court. This appeal followed.1

On appeal, Dickerson argues that the circuit court erred by revoking his probation

for criminal mischief because his probation had expired before the State filed the petition to

revoke. We agree.

A circuit court lacks the authority to revoke a defendant’s probation and impose

sentence after the defendant’s period of probation has expired. Wilson v. State, 2017 Ark.

App. 64. Whether a circuit court can revoke probation after the expiration of the probation

period is an issue of jurisdiction. Waldie v. State, 2025 Ark. App. 475, 722 S.W.3d 535.

This is the second time this appeal has been before us. Dickerson’s counsel initially filed a motion to withdraw and a no-merit-brief appeal pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(b). However, we held that an appeal of the revocation of Dickerson’s probation for criminal mischief would not be wholly frivolous and directed counsel to submit an adversarial brief. See Dickerson v. State, 2026 Ark. App. 7.

Although Dickerson did not raise a jurisdictional argument below, whether a circuit court

has jurisdiction to revoke probation is an issue that we may address for the first time on

appeal. Id.

In this case, Dickerson was placed on twelve months’ probation for criminal mischief

on February 25, 2021. His probation expired on February 25, 2022, which was more than

two months before the State filed its petition to revoke on May 3. As such, the circuit court

did not have jurisdiction to revoke Dickerson’s probation for criminal mischief, and we must

reverse and dismiss the circuit court’s judgment as it relates to criminal mischief. See Waldie,

2025 Ark. App. 475, at 6, 722 S.W.3d at 539. We affirm the revocation of Dickerson’s

probation for aggravated assault on a family or household member and failure to appear.

Affirmed in part; reversed and dismissed in part.

THYER and HIXSON, JJ., agree.

Lisa-Marie Norris, for appellant.

Tim Griffin, Att’y Gen., by: Rebecca Kane, Ass’t Att’y Gen., for appellee.