Hester v. State, 2017 Ark. App. 403

Hester pleaded guilty to one count of residential burglary and one count of theft (Class B felonies) and received five years’ probation and five years’ suspended imposition of sentence.
Conditions of probation included paying fines/costs/restitution, reporting to probation, maintaining current address/employment information, living a law-abiding life, abstaining from marijuana, and not possessing firearms.
The State petitioned to revoke probation alleging failure to pay fines/costs, failure to report as directed, failure to notify probation of address/employment, positive marijuana tests/admissions, and a new offense: possession of a firearm on school property.
Testimony at the revocation hearing showed no payments made until the day before appellant testified, repeated missed probation appointments, positive drug tests and admissions of marijuana use, and school-resource-officer evidence that a .380 handgun was found in Hester’s backpack (Hester initially denied, later admitted possession).
The circuit court discredited Hester’s explanations (including his mother’s claim she hid the gun) and found multiple probation violations, sentencing him to four years’ imprisonment.
Appellate counsel filed a no-merit Anders brief and moved to withdraw; Hester did not file pro se points. The Court of Appeals affirmed and granted counsel’s motion to withdraw.

Issue	Hester's Argument	State's Argument	Held
Whether appellant failed to pay fines/costs as required	Hester later mailed payments and implied compliance	No payments were made during supervision; nonpayment violated conditions	Court found failure to pay and violation affirmed
Whether appellant failed to report to probation as directed	Hester claimed he knew P.O.’s number, had explanations for missed visits, and sometimes reported	Repeated missed appointments, inconsistent reporting, insufficient contact	Court found failure to report and violation affirmed
Whether appellant used illegal drugs during supervision	Hester disputed timing/extent; admitted one recent use but contested proof for other dates	Positive drug tests (May, July) and admission of recent use supported violation	Court found drug-use violations proven and affirmed
Whether Hester committed new offense (firearm on school property / felon in possession)	Hester denied knowledge of the gun; claimed his mother hid it; later admitted knowledge to avoid implicating his mother	School officer discovered gun in his backpack; Hester’s statements and video interview undermined his defenses	Court found possession proven, revoked probation and imposed sentence

Anders v. California, 386 U.S. 738 (1967) (establishes procedures for counsel to withdraw on appeal when the appeal is frivolous; requires brief and notification to client)