Lewis v. State, 2016 Ark. App. 101

Appellant Robbie Jewel Lewis pleaded guilty to two counts of second-degree forgery and was sentenced to 60 months’ probation (May 27, 2014).
The State filed a petition to revoke probation alleging multiple violations; a revocation hearing was held May 12, 2015.
Deputies observed Lewis commit traffic offenses, flee from a deputy (failed to stop, passed on double yellow, fled into a Dollar General), and Lewis was tasered and taken into custody; officers found a digital scale in the vehicle.
Lewis’s probation officer testified Lewis admitted methamphetamine use on three occasions (June–Dec 2014), tested positive for alcohol and methamphetamine in December, and missed drug-counseling appointments without verifiable proof of rescheduling.
The officer also testified Lewis failed to show full-time employment verification and had completed no community-service hours; Lewis claimed he was a paid caregiver for his grandmother and an elderly neighbor.
The circuit court found Lewis inexcusably violated probation conditions (criminal conduct, alcohol/drug use, employment, treatment attendance, community service) and revoked probation, imposing consecutive prison terms totaling 180 months; Lewis appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred by revoking Lewis’s probation for insufficient evidence of an inexcusably violated condition	Lewis: evidence was insufficient to prove he inexcusably violated probation conditions	State: testimony and physical evidence showed at least one violation (fleeing/criminal conduct; drug/alcohol use; missed treatment; lack of employment/community service)	Court affirmed: finding of probation violation was supported by a preponderance of the evidence; revocation affirmed

Newborn v. State, 91 Ark. App. 318, 210 S.W.3d 153 (2005) (evidence insufficient for conviction may suffice to revoke probation due to lower burden; appellate review defers to trial court on credibility and weight of evidence)