Full Opinion

Cite as 2026 Ark. App. 434 ARKANSAS COURT OF APPEALS DIVISION II No. CR-25-753 TRACY BARBEE Opinion Delivered September 23, 2026 APPELLANT APPEAL FROM THE SALINE COUNTY CIRCUIT COURT V. [NO. 63CR-24-519] STATE OF ARKANSAS HONORABLE KEN CASADY, JUDGE APPELLEE AFFIRMED WENDY SCHOLTENS WOOD, Judge Tracy Barbee appeals the Saline County Circuit Court’s sentencing order revoking her probation and sentencing her to concurrent terms of five years’ imprisonment for commercial burglary and theft of property. Barbee’s sole point on appeal is that the circuit court abused its discretion in sentencing her to imprisonment rather than continuing her probation. We affirm. In February 2025, Barbee pled guilty to commercial burglary, a Class C felony, and theft of property, a Class D felony, for shoplifting at Walmart. She was sentenced to five years’ probation for each offense. The conditions of Barbee’s probation included that she pay fees, court costs, and restitution to Walmart; obey all federal, state, and local laws; and have no contact with Walmart. On April 24, 2025, the State petitioned to revoke Barbee’s probation alleging that she had violated the terms and conditions of her probation by failing to meet her financial obligations and committing a new offense of theft at a Walmart in North Little Rock. Because she does not challenge the sufficiency of the evidence to revoke her probation, only a brief recitation of the facts is necessary. On March 24, 2025, Walmart employees saw Barbee putting frozen crab legs and steaks inside her purse and walking towards the exit doors. When the employees tried to stop her from leaving, Barbee threw the crab legs and steaks from her purse and attempted to flee. She was arrested at the scene. Barbee admitted at the revocation hearing that she had committed the shoplifting offense, but she claimed that she was cooperative when she was apprehended and that she returned the food. She also admitted that she had not made any payments on her costs and fees but explained that she thought she had the entire term of probation in which to pay them. The court found Barbee in violation of the conditions of her probation. The State asked the court to sentence Barbee to prison, noting that she was stealing food from Walmart a mere six weeks after being sentenced on previous shoplifting convictions. The State recognized that it might be “a little bit different” if she had been stealing bread or another similar item rather than steaks and seafood. The State claimed that Barbee would continue going into Walmart despite the no-contact order. Barbee asked the court to extend the length of her probation and permit her to complete community service to satisfy her outstanding financial obligations. The court did not think probation would “get 2 her attention” or be productive and sentenced her to five years’ imprisonment on each conviction. On appeal, Barbee argues that the circuit court abused its discretion in sentencing her to imprisonment rather than to probation. Recognizing that the sentence imposed is legal and permissible, Barbee contends that her situation dictates probation. She points out that she had not failed any drug tests, her probation violation was a nonviolent offense, she did not flee but was cooperative with law enforcement officers on the scene, and she did not have the opportunity to complete her probation because it had just begun when she committed the new offenses. Upon revocation of probation, the circuit court has discretion to impose any sentence that might have been imposed originally for the offense as long as any sentence of imprisonment, when combined with any previous term of imprisonment, does not exceed the statutory maximum for the offense. Ark. Code Ann. § 16-93-308(g) (Supp. 2025). A Class C felony carries a maximum sentence of ten years’ imprisonment, and a Class D felony carries a maximum sentence of six years’ imprisonment. See Ark. Code Ann. § 5-4- 401(a)(4)–(5) (Repl. 2024). The sentences imposed were within the statutory range. The court heard and considered Barbee’s request for an extension of probation and rejected it, specifically questioning whether it would be productive given the pattern of her behavior. On this record, we hold that the circuit court’s decision was not an abuse of discretion. Affirmed. TUCKER and HIXSON, JJ., agree. 3 The Law Offices of J. Brent Standridge, P.A., by: J. Brent Standridge, for appellant. Tim Griffin, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee. 4