Banks. v. State
2014 Ark. App. 639
Ark. Ct. App.2014Background
- Banks pleaded guilty to forgery in October 2011 and was placed on five years' probation with conditions including no criminal offenses punishable by imprisonment, no illegal drugs, payment of a $35 monthly probation fee, restitution of $496.10 and $1056 in costs, and a warrantless search provision.
- The State filed a petition for revocation in November 2013 alleging Banks violated probation by not living a law-abiding life, possessing illegal drugs, and failing to pay monetary obligations.
- A revocation hearing was held, and the trial court found violations and sentenced Banks to four years in a community correction center, followed by four years' suspended imposition of sentence.
- Banks appeals, arguing the court erred in revoking probation based on inability to pay and because the possession of illegal drugs was not proven by a preponderance of the evidence.
- The Arkansas Court of Appeals affirms the revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to pay monetary obligations supports revocation | Banks contends nonpayment was excusable and cannot prove violation. | State contends nonpayment was shown and Banks had a period of ability to pay. | Yes; nonpayment can support revocation by preponderance. |
| Proof of possession of illegal drugs by preponderance | Banks denies ownership; drugs found in jacket and tote; no corroboration. | State argues evidence sufficed to prove possession for probation violation. | Yes; sufficient evidence for possession. |
Key Cases Cited
- Aikens v. State, 2014 Ark. App. 168 (Ark. App. 2014) (probation revocation standard: preponderance suffices)
- Denson v. State, 2012 Ark. App. 105 (Ark. App. 2012) (appellate deferential review on credibility)
- Stultz v. State, 212 S.W.3d 42 (Ark. App. 2005) (credibility weighed by trial court)
- Maxwell v. State, 2010 Ark. App. 822 (Ark. App. 2010) (one violation supports revocation)
- Rowe v. State, 2014 Ark. App. 446 (Ark. App. 2014) (revocation proof by preponderance; evidence rules relaxed)
- Phillips v. State, 101 Ark. App. 190 (Ark. App. 2008) (State bears burden to show nonpayment is inexcusably failing)