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FOSTER v. STATE

No. CA CR 08-421.

289 S.W.3d 476 (2008)

Robert Shannon FOSTER, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

December 3, 2008.

Attorney(s) appearing for the Case

Charles E. Smith, Fort Smith, AR, for appellant.

Dustin McDaniel, Att'y Gen., by: Leeann J. Irvin, Ass't Att'y Gen., for appellee.

JOHN B. ROBBINS, Judge.

Appellant Robert Shannon Foster was convicted of theft by receiving on October 3, 2007, and was given a five-year suspended imposition of sentence. On October 30, 2007, the State filed a petition to revoke on the basis that Mr. Foster committed a new offense, an aggravated assault upon an employee of a correctional facility. Arkansas Code Annotated section 5-13-211 (Repl.2006) provides:

A person commits aggravated assault upon an employee...

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