Clark v. State, 2016 Ark. App. 383

In 2012, Seyoum Clark pled guilty to second-degree battery and received four years’ probation, $1,000 fine, and $5,309.52 restitution payable at $115/month.
In 2013 the State moved to revoke; Clark pled guilty and was re-sentenced to 3 years 8 months’ probation with added supervision fees, a $200 revocation fine, and continued restitution obligations.
A second revocation petition filed June 30, 2014 alleged nonpayment of fines/fees/restitution and failures to complete treatment, community service, and anger-management classes.
At the August 10, 2015 revocation hearing the probation officer testified Clark failed to make required payments or monthly check-ins; Clark made one restitution payment of $140 in May 2015 and offered no excuse for nonpayment.
The circuit court revoked Clark’s probation and imposed six years’ imprisonment; Clark appealed, arguing the State failed to prove his violations were inexcusable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved probation violations were inexcusable	State: Introduced evidence of nonpayment and missed meetings; burden shifts to Clark to explain	Clark: Asserted State needed to prove violations were inexcusable	Court: Once State shows nonpayment, defendant must produce a reasonable excuse; Clark offered none, so revocation affirmed

Costes v. State, 103 Ark. App. 171 (explains requirement that violations be "inexcusable")
Collins v. State, 474 S.W.3d 531 (Shifts burden to probationer to produce a reasonable excuse after State shows nonpayment)
Wilcox v. State, 258 S.W.3d 785 (appellate standard to affirm probation revocation unless findings clearly against preponderance)