Jones v. State
2012 Ark. App. 69
| Ark. Ct. App. | 2012Background
- Jones pleaded guilty to two counts of second- and third-degree domestic battery and received concurrent probation terms of 60 months on each count.
- As conditions of probation, Jones was barred from contacting the victim, prohibited from drinking drugs, and required to obtain a GED and pay costs, fines, and perform 120 hours of community service.
- The State filed a petition to revoke probation alleging new offenses, drug testing failures, reporting failures, and a violation of the no-contact order.
- At the revocation hearing, multiple witnesses testified to cocaine and opiate use, DUI arrest, domestic incidents, and Miller’s injuries; Jones admitted some violations on cross-examination.
- The circuit court revoked probation and imposed 10 years in CR-2007-285-5-2 and 6 years in CR-2007-676-5-2, to run consecutively, based on proven violations.
- Counsel filed an Anders brief; this court conducted a full review and affirmed, finding overwhelming evidence of violations and no meritorious issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the revocation evidence | Jones's violations were proven by a preponderance of the evidence. | Evidence was insufficient or unreliable to prove violations. | Proved by a preponderance; revocation affirmed. |
| Application of 16-93-402(c)(5) to probation revocation when no original sentence | Term limits could extend the sentence beyond original terms. | Statute not applicable where no sentence was originally imposed. | Not applicable; original offenses allowed sentences that could have been imposed. |
| Timeliness of the revocation hearing under 5-4-310(b)(2) | Hearing delayed beyond 60 days violated statute. | No objection; timeliness issue waived. | Waived; no reversible error. |
Key Cases Cited
- Williams v. State, 386 S.W.3d 609 (Ark. App. 2011) (broad discretion in evidentiary rulings; harmless error if overwhelming evidence)
- Marmolejo v. State, 284 S.W.3d 78 (Ark. App. 2008) (harmless error standard in probation-revocation context)
- Maxwell v. State, 336 S.W.3d 881 (Ark. App. 2009) (preponderance standard for probation revocation)
- Lee v. State, 772 S.W.2d 324 (Ark. 1989) (probation not sentenced; later imposition possible if revoked)
- Bradley v. State, 65 S.W.3d 874 (Ark. 2002) (credibility and witness conflicts; appellate deference to trial court)