566 S.W.3d 139
Ark. Ct. App.2018Background
- Derrick Collins pleaded guilty in 2013 to multiple offenses and received probation; a 2015 revocation led to an eight-year suspended imposition of sentence (SIS).
- In August 2017 the State filed a petition to revoke Collins’s SIS alleging he committed robbery in Sebastian County on or about August 3, 2017.
- Victim Landon Silva testified he was lured into Collins’s SUV, struck from behind, and robbed of cash, marijuana, a phone, keys, and shoes; he woke on the roadside without his property.
- Four others were in the SUV; Quentin Maroney hid in the cargo area and physically assaulted and robbed Silva; Collins was the driver, remained with the group, and later shared cash and smoked the stolen marijuana.
- Collins denied participating in the assault and contended he did not employ or threaten physical force; he conceded he was the driver and later smoked the stolen marijuana.
- The circuit court found Collins liable under an accomplice-liability theory and revoked his SIS; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for robbery-based revocation | Collins: insufficient proof he employed or threatened physical force; no touching or direct assault by him | State: accomplice liability and driver participation (facilitating the robbery, sharing proceeds) suffices to prove commission of robbery for revocation purposes | Court: Affirmed—evidence preponderates that Collins actively participated as an accomplice and revocation was not against the evidence |
| Notice that petition alleged accomplice liability | Collins: petition charged robbery but did not specify accomplice liability, so insufficient notice of theory | State: charging robbery put Collins on notice of the offense; accomplice theory is a permissible basis for revocation | Court: Implicitly rejected notice challenge; petition for robbery supported revocation on accomplice theory |
Key Cases Cited
- Vangilder v. State, 2018 Ark. App. 385, 555 S.W.3d 413 (discussing preponderance standard for SIS revocation)
- Ellerson v. State, 261 Ark. 525, 549 S.W.2d 495 (uncorroborated accomplice testimony can support revocation)
- Tipton v. State, 47 Ark. App. 187, 887 S.W.2d 540 (same)