2014 Ark. App. 85
Ark. Ct. App.2014Background
- Robert Lee Fellows was on multiple probations conditioned, inter alia, on not committing crimes punishable by imprisonment.
- While on probation, Fellows possessed numerous high-grade speakers stolen from a semi-trailer at the Klipsch Speaker factory yard.
- Fellows pawned some speakers and sold others to a local store owner; surveillance showed a small red truck near the trailer at the time of the theft, and Fellows appeared at the pawnshop in a similar truck.
- Investigator Heath Ross testified Fellows claimed he ‘‘found’’ the speakers under a tree; the investigator searched that location and found no speakers.
- The State filed petitions to revoke Fellows’s probations; the circuit court revoked probation and imposed an aggregate 50-year sentence.
- The court expressly noted unpaid fines/fees alone likely would not have prompted revocation, but a single probation violation (receiving stolen property) sufficed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sufficient evidence showed Fellows knowingly possessed stolen property to support probation revocation | State: Unexplained possession, pawnshop appearance, sales, and inconsistent story permit inference of knowledge | Fellows: No proof he knew speakers were stolen; claimed he found them under a tree | Revocation affirmed — factfinder reasonably inferred knowledge from circumstances and implausible explanation |
Key Cases Cited
- Atkins v. State, 63 Ark. App. 203, 979 S.W.2d 903 (Ark. Ct. App. 1998) (knowledge and intent are questions for the fact‑finder when facts permit reasonable inference)
- Walker v. State, 313 Ark. 478, 855 S.W.2d 932 (Ark. 1993) (fact‑finder may consider false, improbable, or contradictory statements when assessing explanations for suspicious circumstances)