Robinson v. State
2014 Ark. App. 579
| Ark. Ct. App. | 2014Background
- Robinson pleaded guilty to aggravated assault on May 5, 2006 and received five years' probation with payment of $1,500 fines and costs.
- State moved to revoke probation on June 2, 2009; arrest warrant issued June 3, 2009 but served May 25, 2012.
- Probation officer Mary Russell prepared a violation report dated May 14, 2009; ledger showed no payments were made toward fines and costs.
- Probation officer Virginia House testified; Robinson objected to Russell's report as hearsay; court admitted it under Rule 803(8) despite confrontation concerns.
- Robinson admitted some violations and testified about employment, support, and plans to pay; court deferred and later extended hearings.
- Trial court ultimately revoked probation, sentencing Robinson to two years in prison, based on multiple violations and credibility found in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of the violation report | Robinson argues Russell's report is hearsay and testimonial; confrontation denied. | State cites 803(8) allowing public official reports; need not require confrontation. | Hearsay exception applied; error, if any, harmless. |
| Right to confront and cross-examine the declarant | Confrontation rights were violated because Russell unavailable. | Court allowed admissible documentary evidence; confrontation not required if good cause shown. | Issue not preserved; even if error, harmless. |
| Sufficiency to revoke probation | Evidence shows ongoing nonpayment and violations; supports revocation. | Robinson testified to efforts to comply; credibility disputed by trial court. | Revocation supported by preponderance of the evidence. |
| Standard of review in revocation | Credibility issues favor prosecution; trial court in better position. | Defer to trial court on credibility; lower burden in revocation cases. | Court defers to trial court; no clearly erroneous result. |
Key Cases Cited
- Jones v. State, 31 Ark. App. 23 (1990) (confrontation rights apply in revocation proceedings)
- Reynolds v. State, 2012 Ark. App. 705 (Ark. App. 2012) (burden and standard for probation revocation)
- Rodriguez v. State, 372 Ark. 335 (2008) (preservation and review of confrontation objections)
- Brock v. State, 70 Ark. App. 107 (2000) (harmless error in confrontation cases)