alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Cite as 2014 Ark. App. 589



## ARKANSAS COURT OF APPEALS

DIVISION III No. CR-13-892 TRACY LAND DAVIS APPELLANT V.

STATE OF ARKANSAS APPELLEE Opinion Delivered OCTOBER 29, 2014 APPEAL FROM THE UNION COUNTY CIRCUIT COURT [NOS. CR-10-376 & CR-11-21] HONORABLE HAMILTON H. SINGLETON, JUDGE AFFIRMED DAVID M. GLOVER, Judge The Union County Circuit Court revoked appellant Tracy Davis’s suspended imposition of sentence and sentenced him to ten years’ imprisonment. The sole issue on appeal is whether the circuit court erred in denying Davis’s motion for continuance made on the day of the revocation hearing. We affirm the trial court’s denial of Davis’s motion for continuance. This case began in July 2010, when Davis was charged with violating the Arkansas Hot Check Law. He entered a negotiated plea of guilty to this charge, and in May 2011, the circuit court suspended imposition of Davis’s sentence for five years. Thereafter, the State filed a petition to revoke Davis’s suspended sentence in April 2012; as a result of this petition, the circuit court ordered a new five-year suspended sentence in December 2012. The State filed a petition to revoke the new suspended sentence in May 2013, contending that Davis had committed a new criminal offense, had failed to pay court costs, and had failed to payCite as 2014 Ark. App. 589

restitution. The new criminal offense involved the theft of coils from an air-conditioner unit located at Washington Middle School in El Dorado. On June 6, 2013, the day of the revocation hearing, Davis moved for a continuance in order to obtain some discovery regarding the new criminal offense, contending that he did not commit the crime and that there had been other reports of criminal activity at the school prior to his arrest. The circuit court denied the motion for a continuance. After a hearing, the circuit court revoked Davis’s suspended sentence and sentenced him to ten years’ imprisonment. 1 Trial courts shall grant continuances only upon a showing of good cause; the denial of a motion for continuance is reviewed under an abuse-of-discretion standard. Mahomes v. State , 2013 Ark. App. 215, 427 S.W.3d 123. On appeal, an appellant not only must demonstrate that the trial court abused its discretion in denying the continuance motion, but must also show prejudice that amounts to a denial of justice. Id

. This same issue has recently been answered in Davis’s companion revocation case, Davis v. State , 2014 Ark. App. 452, where our court held that it was not an abuse of discretion for the trial court to deny Davis’s motion for a continuance. For the reasons stated in the earlier case, we affirm the denial of the continuance in this case. Affirmed. VAUGHT and W OOD , JJ., agree. Robert M. “Robby” Golden , for appellant. Dustin McDaniel , Att’y Gen., by: Pamela A. Rumpz , Ass’t Att’y Gen., for appellee.

1 Davis also had a revocation petition in another case that was granted at this hearing. The circuit court sentenced Davis to ten years’ imprisonment for each revocation, with the sentences to be served consecutively. 2
Exhibit 10.1


             


             


            Performance Criteria for 2009 under the Company's Annual Incentive Plan


             


            For 2009, the corporate and derivative business unit, regional and/or category financial objectives under the Company's Annual Incentive Plan, which the Compensation Committee of the Company's Board of Directors approved on March 9, 2009, relate to increases in sales, earnings before interest and taxes, return on investment and working capital. The non-financial strategic initiatives, which the
            Compensation Committee also approved on March 9, 2009, relate to (i) customers, including sales, market share, service performance and product quality, (ii) workforce, including managing talent and development, and (iii) innovation, including research technology, supply chain and production planning innovation.
**Exhibit        31.2**

**CERTIFICATION**

* *
* *

|                                                 |                                                                                      |                                        |
|------------------------------------------------------|-------------------------------------------------------------------------------------------|---------------------------------------------|
|  Date:  May                  21, 2007 |                                                                                      |
|                                            |                                                                                 |                                   |
|                                                 |                                                                                      | /s/ Marvin                  S. Hausman |
|                                                 | Marvin                  S. Hausman                                                        |
|                                                 | Acting                  Principal Accounting and Financial                  Officer  |
Schedule of 2009 Base Salaries



 Exhibit 10.12 
 BASE SALARIES FOR NAMED EXECUTIVE OFFICERS OF 
 STELLARONE CORPORATION 
 The following are the base salaries (on an annual basis) in effect as of January 1, 2009 of the current named executive officers of StellarOne
Corporation: 
  

				
	 William P. Heath, Jr.
Chairman of the Board
	  	$	325,000
		
	 O. R. Barham, Jr.
President and Chief Executive Officer
	  	$	390,000
		
	 Jeffrey W. Farrar
Executive Vice President and Chief Financial Officer
	  	$	205,000
		
	 Litz Van Dyke
Executive Vice President and Chief Operating Officer
	  	$	225,000
		
	 Gregory W. Feldmann
President and Chief Executive Officer, StellarOne Bank
	  	$	225,000
Description of Management Incentive Plan



 Exhibit 10.7 
 Description of Management Incentive Plan 
 The Management Incentive Plan is an annual bonus incentive plan designed
to motivate and reward participants for the achievement of fiscal year financial and non-financial objectives that directly contribute to the overall success of the Company. Non-commissioned exempt employees, except the CEO, hired no later than the
last day of the prior year and employed through year-end of the current year are eligible to participate in the annual bonus incentive plan. This plan includes all of the Company’s NEO’s except the CEO. 
 At the beginning of each year, the Board of Directors establishes bonus targets and performance goals under the plan for the year. Bonus award payouts under the plan are
objectively determined, based on achievement of the established financial goals such as deposit, loan and income growth during the year. The Board of Directors has discretion to increase or decrease the award based on non-financial goal
achievements. The bonus award payouts under the plan are determined before the end of the year and are based on actual year-to-date and estimated end-of-year performance of the established goals. To do this, the Board of Directors reviews a list of
various projects and the completion status in November of each year, and based on the status of these projects to the goal established at the beginning of the year, determines the non-financial goal achievement level. 
 The target incentive award is the amount that the participant is eligible to receive if the combined, weighted performance against the plan objectives equals an overall
achievement level based on the operating budget. The target incentive award percentage range varies based on the participant’s officer level in the Company.
Exhibit 32.2

OLD DOMINION ELECTRIC COOPERATIVE

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Quarterly Report of Old Dominion Electric Cooperative (the Company) on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Robert L. Kees, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of
operations of the Company.

Date: November 10, 2010



/S/ ROBERT L. KEESRobert L. KeesSenior Vice President and Chief Financial Officer(Principal financial officer)




29
Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of First Ipswich Bancorp (the
"Company") on Form 10-QSB for the quarter ended June 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Russell
G. Cole, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

      This certification is provided solely pursuant to 18 U.S.C. Section 1350
and Item 601(b)(32) of Regulation S-B ("Item 601(b)(32)") promulgated under the
Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of
1934 (the "Exchange Act"). In accordance with clause (ii) of Item 601(b)(32),
this certification (A) shall not be deemed "filed" for purposes of Section 18 of
the Exchange Act, or otherwise subject to the liability of that section, and (B)
shall not be deemed to be incorporated by reference into any filing under the
Securities Act or the Exchange Act, except to the extent that the Company
specifically incorporates it by reference.


/s/ Russell G. Cole
-------------------
Russell G. Cole
Chief Executive Officer

August 14, 2007
Exhibit 32.2



OLD DOMINION ELECTRIC COOPERATIVE



CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Old Dominion Electric Cooperative
(the Company) on Form 10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Daniel M. Walker, Senior Vice President and Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 17, 2004



|                                                 
|-------------------------------------------------
|/s/ DANIEL M. WALKER                             
|Daniel M. Walker                                 
|Senior Vice President and Chief Financial Officer
|(principal financial and accounting officer)
No. 1122.

#### Hancock *v.*Nierstheimer, Warden.

May 13, 1946.

Petition for writ of certiorari to the Supreme Court of Illinois denied.
Exhibit 31.2


                                 CERTIFICATIONS

I, Timothy L. Felter, certify that:

(1) I have reviewed this quarterly report on Form 10-QSB of First Ipswich
Bancorp;

(2) Based on my knowledge, this report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report; (3)
Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report; (4) The small business
issuer's other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the small business issuer and we have:

      a) Designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the small business issuer,
      including its consolidated subsidiaries, is made known to us by others
      within those entities, particularly during the period in which this report
      is being prepared;

      b) Evaluated the effectiveness of the small business issuer's disclosure
      controls and procedures and presented in this quarterly report our
      conclusions about the effectiveness of the disclosure controls and
      procedures, as of the end of the period covered by this report based on
      such evaluation; and

      c) Disclosed in this report any change in the small business issuer's
      internal control over financial reporting that occurred during the small
      business issuer's most recent fiscal quarter that has materially affected,
      or is reasonably likely to materially affect, the small business issuer's
      internal control over financial reporting; and

(5) The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

      a) All significant deficiencies and material weaknesses in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the small business issuer's ability
      to record, process, summarize and report financial information; and

      b) Any fraud, whether or not material, that involves management or other
      employees who have a significant role in the small business issuer's
      internal control over financial reporting.


/s/ Timothy L. Felter
-----------------------------------
Timothy L. Felter
Chief Financial Officer

May 12, 2006
Exhibit 10.7


         


         


        January 11, 2008

         

        Re: Service about being independent director and Chairman of the Audit Committee of China Pharma Holdings, Inc

          

        Dear Mr. Baowen Dong

         

        On behalf of the Board of Directions and the Company, I am pleased to welcome you to join the Board of the China Pharma Holdings, Inc as an independent director and Chairman of the Audit Committee. I look forward to working with you. Your starting date will be the date of the board approves your engagement and your engagement for this term will end on the date of the next annual shareholders meeting.

          

        Your compensation will consist of the following:


        


        	
                	
                    1)     

                	
                    A retainer of RMB 40,000 per year, payable quarterly within 5 days of the start of the quarter;

                


        

        

        



        


        If you agree to the terms and conditions stated above, please sign and date this letter below.

          

        I look forward to working with you and sincerely hope that your service will be enjoyable and rewarding.

          

        Sincerely

          

         

         

        Chairman of the Board

         China Pharma Holdings, Inc

          

         

        Response:

        This letter correctly sets forth the understanding of Mr. Baowen Dong.

         

        By: ___________________________


        Date:__________________________
<TABLE> <S> <C>



<ARTICLE>    5
<RESTATED>


<S>                             <C>
<PERIOD-TYPE>                                    6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         229,641
<SECURITIES>                                         0
<RECEIVABLES>                                  275,849
<ALLOWANCES>                                         0
<INVENTORY>                                    623,690
<CURRENT-ASSETS>                             1,511,513
<PP&E>                                      26,364,268
<DEPRECIATION>                              (8,915,955)
<TOTAL-ASSETS>                              21,186,289
<CURRENT-LIABILITIES>                        6,156,103
<BONDS>                                     12,048,572
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,911
<COMMON>                                       458,633
<OTHER-SE>                                   1,312,728
<TOTAL-LIABILITY-AND-EQUITY>                21,186,289
<SALES>                                      5,853,689
<TOTAL-REVENUES>                             5,853,689
<CGS>                                        1,958,244
<TOTAL-COSTS>                                1,958,244
<OTHER-EXPENSES>                             6,492,850
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,434,316
<INCOME-PRETAX>                              2,134,559
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          2,134,559
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,134,559
<EPS-BASIC>                                        .04
<EPS-DILUTED>                                      .03




</TABLE>
**Exhibit 32.2****CERTIFICATION OF CHIEF FINANCIAL OFFICER****Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350****)**     The undersigned executive officer of Anchor BanCorp Wisconsin Inc. (the “Registrant”)hereby certifies that the Registrant’s Form 10-Q for the three months ended September 30, 2006fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 andthat the information contained therein fairly presents, in all material respects, the financialcondition and results of operations of the Registrant.       /s/ Michael W. Helser Michael W. Helser, Treasurer and    Chief Financial Officer  November 8, 2006**Note:**A signed original of this written statement required by Section 906 of the Sarbanes-OxleyAct of 2002 has been provided to Anchor BanCorp Wisconsin Inc. and will be retained by AnchorBanCorp Wisconsin Inc. and furnished to the Securities and Exchange Commission or its staff uponrequest.
46
<PAGE>

                                                             EXHIBIT 10.8a

                 AMENDMENT TO THE EXECUTIVE SEVERANCE PLAN FOR ZALE
                            CORPORATION AND ITS AFFILIATES

                                EFFECTIVE MAY 20, 1995

                (As Amended and Restated Effective February 10, 1994)

The Executive Severance Plan is hereby amended as follows:

    Section 1.2(Q) "Term" is deleted and replaced with the following:

    "Term" means the period commencing as of the Effective Date and ending on
    July 31, 1998, or such date as determined by the Plan Administrator."

Section 8.3 - "Plan Administrator" is amended as follows:

    delete "Jacquie LaBarbera" and substitute:

    "Senior Vice President, Human Resources"

Section 8.4 - "Legal Process" is amended as follows:

    delete "Dolph B.H. Simon" and substitute:

    "General Counsel"

EXHIBIT "A" IS HEREBY DELETED AND REPLACED BY THE FOLLOWING:

    "Group I Executive Officers" shall include the Executive Vice President and
Corporate Senior Vice Presidents and Division Presidents;

    "Group II Vice President and Director Levels" shall include all Corporate
Vice Presidents, Directors, Division Senior Vice Presidents, Vice Presidents and
Directors.

    ALL OTHER TERMS AND CONDITIONS OF THE EXECUTIVE SEVERANCE PLAN SHALL REMAIN
IN FULL FORCE AND EFFECT EXCEPT AS MAY BE AMENDED IN THE FUTURE.

    Effective as of this 20th day of May, 1995.

                                  /S/ A.H. KRANITZ       7/31/95
                                     ------------------------------------
                                       A.H. KRANITZ
                                       PLAN ADMINISTRATOR
Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of First Ipswich Bancorp (the
"Company") on Form 10-QSB for the quarter ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Donald
P. Gill, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

      This certification is provided solely pursuant to 18 U.S.C. Section 1350
and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the
Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of
1934 (the "Exchange Act"). In accordance with clause (ii) of Item 601(b)(32),
this certification (A) shall not be deemed "filed" for purposes of Section 18 of
the Exchange Act, or otherwise subject to the liability of that section, and (B)
shall not be deemed to be incorporated by reference into any filing under the
Securities Act or the Exchange Act, except to the extent that the Company
specifically incorporates it by reference.


/s/ Donald P. Gill
-----------------------------------------------------
Donald P. Gill
Chief Executive Officer

June 24, 2004
WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
  (a)
    
    the Annual Report on Form 10-K of the Company for the year ended December 31, 2010, filed on
the date hereof with the Securities and Exchange Commission (the Annual Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and(b)
    
    the information contained in the Annual Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 /s/ William T. KerrWilliam T. KerrChief Executive Officer
Date: February 24, 2011 /s/ Sean R. CreamerSean R. CreamerChief Financial Officer
Date: February 24, 2011