Daffron v. State
2016 Ark. App. 486
| Ark. Ct. App. | 2016Background
- Daffron appeals a Sebastian County Circuit Court order revoking his suspended-imposition of sentence (SIS) and re-sentencing him to 12 months' imprisonment plus 108 months' SIS.
- Daffron had pled guilty in 2012 to furnishing a prohibited article and received 60 months SIS.
- A 2015 petition to revoke claimed he violated SIS by DWI driving on 9/4/2015 and refusing a breath test.
- A revocation hearing occurred on 2/24/2016; Officer Lum testified about the 9/4/2015 stop and DWI signs, field sobriety tests, and breath-test attempts.
- The State introduced a transcript showing Daffron had pleaded guilty to DWI on the cited incident, and Daffron offered no testimony.
- The trial court revoked SIS based on a preponderance of the evidence and the appellate court affirmed the revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports revocation of SIS. | Daffron argues there was insufficient proof of DWI violation. | Daffron contends the State failed to prove a motor-vehicle DWI element. | Yes, evidence sufficient; conviction suffices to show violation of SIS condition. |
Key Cases Cited
- Barbee v. State, 346 Ark. 185, 56 S.W.3d 370 (2001) (revocation standard requires preponderance of the evidence)
- Flemons v. State, 2014 Ark. App. 131 (2014) (proof for probation/suspended-sentence revocation may differ from criminal conviction)
- Bradley v. State, 347 Ark. 518, 65 S.W.3d 874 (2002) (burden of proof for revocation)
- Peals v. State, 2015 Ark. App. 1, 453 S.W.3d 151 (2015) (proof may rely on one violation to revoke)