2014 Ark. App. 52
Ark. Ct. App.2014Background
- Quincel McGuire pled guilty (May 5, 2011) to two counts of delivery of a controlled substance and was sentenced to five years’ probation plus fines, costs, and a $25/month supervision fee; fines and costs totaled $1,381, payable $50/month.
- The State filed a probation-revocation petition (Mar. 2, 2012) alleging failures to report, to notify of an address change, and to pay fines/costs and supervision fees; McGuire pled guilty and received five years’ probation, 47 days in jail (with credit), and continued payment obligations plus a $35/month supervision fee.
- A second revocation petition (Dec. 7, 2012) alleged failure to pay fines/costs, failure to pay probation fees, and failure to maintain employment; supervision fees were later waived in Feb. 2013.
- At the July 1, 2013 revocation hearing, the chief deputy testified McGuire had made no payments and still owed $1,381; McGuire testified he had been largely unemployed since July 2012, lived with and relied on his sick mother, had no vehicle or driver’s license, had been rejected by an employment agency because of his record, received no government assistance, and spent about 200 days in the county jail during the prior year for misdemeanor fines.
- The trial court found McGuire willfully failed to make payments, discredited his effort-to-pay explanation, and revoked probation: imposed five years’ probation conditioned on 120 days in county jail, 180 hours of community service, and $50/month payments beginning after completion of community service.
Issues
| Issue | McGuire's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the State proved McGuire willfully failed to make payments as directed | McGuire: he lacked ability to pay because he was unemployed, lived with his sick mother, had no vehicle, and was rejected for jobs due to his record; supervision fee was waived and indigence had been found earlier | State: introduced evidence of nonpayment; after showing nonpayment, burden shifts to McGuire to provide a reasonable excuse and the State retains ultimate burden to show failure was inexcusable | Court: affirmed revocation—trial court’s credibility finding that McGuire did not make sufficient effort was not clearly against the preponderance of the evidence |
| Whether trial court properly applied revocation standard and burden shifting | McGuire: argued failure to prove inexcusable nonpayment by preponderance | State: relied on statutory standard for revocation and case law shifting burden to probationer to explain nonpayment after showing nonpayment | Court: applied lower revocation standard, applied burden shifting; trial court’s finding sustained |
Key Cases Cited
- None with official reporter citations were cited in the opinion (appellate decisions referenced were Arkansas Court of Appeals slip opinions).