2015 Ark. App. 353
Ark. Ct. App.2015Background
- John L. Johnson pleaded guilty to robbery in 2005 and was placed on five years’ probation.
- The State filed a petition to revoke probation in 2007 alleging failures to pay fines/costs, failure to report, failure to pay probation fees, and marijuana use; an arrest warrant issued November 2007.
- Johnson was arrested in October 2013; a revocation hearing was held November 25, 2013.
- Probation officer and county collector testified Johnson made no payments on a $2,250 balance, had stopped reporting after testing positive for marijuana in July 2007, and was $250 behind in probation fees.
- Johnson admitted nonpayment, acknowledged he stopped reporting after the positive drug test, and testified about personal hardships and drug use.
- Trial court revoked probation and sentenced Johnson to five years in prison with a five‑year suspended imposition of sentence; Johnson appealed and counsel moved to withdraw under Anders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sufficient evidence supported revocation of probation | State: multiple violations proved by witnesses and records | Johnson: hardships and explanation for nonreporting and nonpayment | Revocation affirmed — even one proven violation (failure to report after positive drug test) suffices |
| Whether court had jurisdiction to revoke after original probation period elapsed | State: warrant was issued before probation expired, preserving jurisdiction | Johnson: revocation occurred after original period (implied challenge) | Court retained jurisdiction because warrant issued before probation expiration |
| Whether appointed counsel properly moved to withdraw under Anders | State/Appellate counsel: complied with Anders and Rule 4-3(k)(1), briefed possible issues and notified client | Johnson: filed no pro se points | Motion to withdraw granted; appeal found without merit |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel to request withdrawal when appeal is frivolous; counsel must file brief addressing potential issues and client must be notified)