2016 Ark. App. 468
Ark. Ct. App.2016Background
- Jerrod Tristan Baker pleaded guilty March 18, 2015, to misdemeanor theft and was placed on a one-year suspended imposition of sentence (SIS) with conditions, including no violation of federal/state/municipal laws. The SIS judgment bore Baker’s and the trial judge’s signatures.
- The State filed a petition to revoke in August 2015 alleging July 22 offenses (aggravated assault on a family/household member and second-degree domestic battery) and failure to pay fines/costs; it amended in September to add September 20 offenses (violation of a protection order, breaking/entering, public intoxication).
- Victim Tracy Eckert testified about the July 22 incident: Baker forced entry, assaulted and choked her, and she suffered visible injuries; photos and a protective order (effective one year) were admitted.
- For September 20, witnesses testified Baker went to Tracy’s home despite her not wanting him there; a police officer found him intoxicated hiding in a shed. Baker later pleaded guilty in district court to violating the protective order (October 7, 2015).
- At the November 4, 2015 revocation hearing the trial court found, by a preponderance of the evidence, Baker violated the SIS; a revocation judgment was entered and Baker appealed only the sufficiency of proof for the September 20 allegations.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Baker) | Held |
|---|---|---|---|
| Whether there was sufficient evidence to revoke SIS for September 20 conduct | Testimony, police response, and Baker’s subsequent guilty plea to violating protection order proved violation by preponderance | Evidence insufficient to prove breaking/entering, public intoxication, or violation of order on Sept. 20 | Affirmed: trial court did not clearly err; guilty plea to protection-order violation supports revocation |
| Whether failure to introduce the SIS document/ask judicial notice defeats revocation proof | SIS judgment was in the record and terms established; State met burden and objection was not preserved | Trial court never expressly took judicial notice or State did not introduce the SIS document into evidence, so SIS status not proven | Issue not preserved for appeal; appellate courts refuse to consider it because Baker failed to object below |
Key Cases Cited
- Pugh v. State, 351 Ark. 5, 89 S.W.3d 909 (trial-court findings on multiple independent grounds may be affirmed without addressing all grounds)
- Robinson v. State, 446 S.W.3d 190 (only one violation need be proved to support revocation)
- Young v. State, 370 Ark. 147, 257 S.W.3d 870 (procedural objections not raised below are forfeited on appeal)
- Hollis v. State, 346 Ark. 175, 55 S.W.3d 756 (appellate courts will not consider arguments presented without authority or persuasive briefing)