2014 Ark. App. 310
Ark. Ct. App.2014Background
- Rogers pleaded guilty to second-degree battery and received a six-year suspended sentence with conditions including restitution, fines, costs, and fees.
- The State filed petitions for revocation alleging Rogers ceased paying these obligations.
- A revocation hearing was held and the circuit court found an inexcusably violated suspension by nonpayment.
- Statutory standard: a suspension may be revoked if, by a preponderance, the defendant inexcusably failed to comply; credibility is reviewed with deference to the trial court.
- Once nonpayment is proven, the burden shifts to the defendant to show a reasonable excuse for the failure to pay.
- Rogers testified about work history and a stolen amount but the court did not credit his excuses and affirmed the nonpayment as inexcusably.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revocation for inexcusably failing to pay is proper. | State argues nonpayment was inexcusably deliberate. | Rogers contends lack of work and unforeseen circumstances provided a reasonable excuse. | Affirmed; nonpayment deemed inexcusably breach. |
Key Cases Cited
- Richardson v. State, 85 Ark. App. 347, 157 S.W.3d 536 (2004) (credibility given to trial court on credibility determinations)
- Phillips v. State, 101 Ark. App. 190, 272 S.W.3d 123 (2008) (proof of nonpayment requires showing of inexcusable failure)
- McGuire v. State, 2014 Ark. App. 52 (2014) (burden shifts to defendant to prove reasonable excuse after nonpayment)