Rufus Barner, Appellant v. State of Arkansas, Appellee

Summary

The Supreme Court of Arkansas affirmed dismissal of Barner’s appeal from a district-court probation order entered under the First Offender Act. It held that the statutory appeal provision did not apply because there was no adjudication of guilt and Barner alleged no error in entering the probation order, and that the absence of a conviction prevented an appeal under the applicable criminal procedure rule. The court also held that dismissal did not violate Barner’s right to a jury trial because he voluntarily accepted deferred proceedings and could appeal if probation were revoked and guilt adjudicated.