NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
OLLY NEAL, Judge
DIVISION III
CACR01-525
NOVEMBER 7, 2001
DERRICK BURNETT AN APPEAL FROM THE JEFFERSON
APPELLANT COUNTY CIRCUIT COURT v. [CR96-875-1]
STATE OF ARKANSAS HON. JOHN W. CONE, SPECIAL
APPELLEE CIRCUIT JUDGE
AFFIRMED
Appellant, Derrick Burnett, Sr., was sentenced to two, concurrent sixty-month sentences in the Arkansas Department of Correction for violating the terms of his probation. On appeal, appellant argues the circuit court's order revoking his probation should be reversed because the revocation hearing was held more than sixty (60) days after his arrest, thereby violating his right to a speedy trial. Appellant's argument was not preserved for appellate review; therefore, we affirm.
Appellant pleaded guilty to two counts of robbery, both Class B felonies, on January 12, 1999, and was sentenced to sixty (60) months probation.1 The conditions of hisprobation required him to notify his probation officer within forty-eight (48) hours of any changes in employment and/or home address, and to report to his probation officer. On August 30, 1999, the State filed a petition for revocation. The petition alleged that appellant violated the following conditions of probation: (1) moving without notifying his probation officer, (2) failing to report to his probation officer, and (3) failing to pay his fines. A revocation hearing was held on October 12, 1999. Because appellant failed to appear at the hearing, the trial court issued an alias bench warrant for his arrest. Appellant was arrested on June 24, 2000.
A hearing on the alias bench warrant was held on July 10, 2000. At the hearing, the trial court ordered appellant to appear at a probation revocation hearing on August 8, 2000. Appellant appeared before the trial court on August 8 without an attorney; therefore, the trial court appointed a public defender to represent appellant and reset the hearing for September 12, 2000. After the hearing on September 12, the trial court found that appellant had violated the conditions of his probation and sentenced him to two, concurrent sixty-month sentences in the Arkansas Department of Correction. Appellant now appeals.
On appeal, appellant argues the circuit court's order revoking his probation should be reversed because the revocation hearing was held more than sixty (60) days after his arrest, thereby violating his right to a speedy trial. Appellant's argument has not been preserved for our review. Our supreme court, in Summers v. State, 292 Ark. 237, 729 S.W.2d 147 (1987), held that if a probationer fails to raise his motion to dismiss the revocation petition for lack of speedy hearing before the hearing, he has waived his rights. Cook v. State, 59 Ark. App. 24, 952 S.W.2d 677 (1997). In the present case, appellant first raised the issue of lack of speedy trial on September 12, 2000, during the sentencing phase of his revocation hearing. Because appellant failed to raise his argument prior to the date of the revocation hearing, his argument has been waived.
Affirmed.
Robbins and Crabtree, JJ., agree.