Court May Impose Any ''Original'' Sentence After Revoking a Suspension
A trial court cannot modify or amend an original sentence once it is placed into execution. Webb v. State, 66 Ark. App. 367, 990 S.W.2d 591 (1999). Arkansas Code Annotated 5-4-309 (f) (1) (A) (Supp. 1999) provides, however, that if the court revokes a suspension, it may impose any sentence on the defendant that might have been imposed originally for the offense of which he was found guilty.
To revoke a suspended sentence, a trial court must find by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his suspension. Shaw v. State, 65 Ark. App. 186, 986 S.W.2d 129 (1999). on review, the appellate court upholds a revocation unless the trial court's findings are clearly against the preponderance of the evidence. Id.