Alvin Eugene Yarberry v. State of Arkansas
2021 Ark. App. 265
Ark. Ct. App.2021Background
- Alvin Yarberry pled guilty to felony nonsupport in March 2019 and was placed on 15 years' probation.
- Probation conditions included restitution of $27,157.08 (payable $155/month) and current child support of $136/week.
- In August 2019 the State petitioned to revoke probation, alleging arrears on restitution and child support.
- At a June 2020 hearing the circuit court revoked probation and sentenced Yarberry to five years' imprisonment.
- Evidence at the hearing showed substantial back child-support arrearages (about $35,000) and other child-support obligations; Yarberry did not challenge the sufficiency of that evidence on appeal.
- On appeal Yarberry argued the prison sentence amounted to unconstitutional debtor’s prison under Ark. Const. art. 2, § 16; the court held that argument was not preserved and noted the sentence was for criminal nonsupport, not civil debt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke probation | State: evidence showed probation violations (arrears) | Yarberry: did not challenge sufficiency | Court affirmed revocation; findings not clearly against preponderance |
| Whether five-year sentence constituted unconstitutional debtor's prison | Yarberry: imprisonment for unpaid support is debtor's prison in civil sense, violates art. 2 § 16 | State: issue not preserved; imprisonment was for criminal nonsupport under statute | Court declined to address on merits (waived); affirmed sentence and noted imprisonment was for criminal nonsupport, not civil debtor's prison |
Key Cases Cited
- Kidwell v. State, 511 S.W.3d 341 (2017) (probation revocation requires proof by preponderance; appellate deference to trial court credibility)
- Baney v. State, 510 S.W.3d 799 (2017) (single proven violation supports revocation)
- Clark v. State, 584 S.W.3d 680 (2019) (appellate courts affirm revocation unless findings are clearly against preponderance)
- Montgomery v. State, 586 S.W.3d 188 (2019) (constitutional claims not raised below cannot be raised for first time on appeal)