Page:McGhee v. State, 334 Ark. 543 (1998).pdf/3

Rh which has been executed. We reverse the trial court and decline to overrule Harmon.

In Harmon, the appellant pleaded guilty to a reduced, class-A misdemeanor charge of first-degree assault against her husband. The circuit court noted that imposition of the sentence was suspended for one year conditioned upon certain factors, which included payment of a $500 fine and $107.75 court costs. After violating the terms of her suspended sentence, the circuit court ruled that her suspended sentence would remain in effect, but that it would be modified by an additional $500 fine and a sentence of two weeks in the county detention center.

In Harmon, the State argued that the defendant's suspended sentence was not revoked, but rather that it was modified pursuant to Ark. Code Ann. § 5-4-306(b) (Repl. 1993), which states: "During the period of suspension or probation, the court, on motion of a probation officer or the defendant, or on its own motion, may modify the conditions imposed on the defendant or impose additional conditions authorized by § 5-4-303." Section 5-4-303(c) does not explicitly include a period of incarceration or a fine, but the State argued that it was comprehended by Subsection (c)(10), which provides for "conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience."

[1, 2] Although the State fails to make the same argument today, section 5-4-303(c) is not applicable because, as we noted in Harmon, Ark. Code Ann. § 5-4-304 (Repl. 1994), explicitly provides for incarceration as an additional condition of an order, but may be used only when the suspension of imposition of sentence is given effect. We have previously held that a trial court loses jurisdiction to amend or modify the original sentence once a valid execution is put into place. DeHart v. State, 312 Ark. 323, 849 S.W.2d 497 (1993); Jones v. State, 297 Ark. 485, 763 S.W.2d 81 (1989). As we stated in Jones, a plea of guilty, coupled with a fine and a suspension of imposition of sentence of imprisonment constitutes a conviction. Id. at 487, 763 S.W.2d at 82. Therefore, the court loses the power to modify the original order.

[3, 4] Precedent, it is said, should not implicitly govern, but discreetly guide. Roane v. Hinton, 6 Ark. (1 Eng.) 525, 527