Rhoades v. State
2010 Ark. App. 730
| Ark. Ct. App. | 2010Background
- Appellant Joey Rhoades pleaded guilty to criminal nonsupport and received a suspended imposition of sentence for 120 months.
- Conditions required payment of $21,731.72 in back child support at $182 monthly, with any >60 days delinquency a violation.
- Rhoades signed and acknowledged understanding the conditions and that he could pay.
- State filed petition to revoke on November 8, 2007 due to delinquency, and Rhoades moved for a DNA sample at public expense prior to hearing.
- Revocation hearing held January 7, 2010; evidence included OCSE testimony of arrearage and delinquency; paternity default judgment from 1995 introduced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nonpayment violated the suspended-imposition conditions. | Rhoades inexcusably failed to pay; burden shifts once nonpayment shown. | Failure to pay was excusable due to unemployment and indigence; prior status precludes revocation. | Yes; substantial evidence supports revocation for nonpayment. |
| Whether the denial of a DNA sample at public expense was proper. | DNA testing could have aided defense; request should be granted. | Guilty plea admitted all elements and waives defense; prior paternity finding controls. | Yes; circuit court correctly denied DNA testing. |
Key Cases Cited
- Curtis v. State, 500 S.W.2d 767 (Ark. 1978) (guilty plea admits elements and waives defenses)
- Wilson v. State, 237 S.W.3d 473 (Ark. App. 2006) (trial court credibility determinations respected)
- Foster v. State, 289 S.W.3d 476 (Ark. App. 2008) (nonpayment evidence may support revocation; credibility deferential standard)