Rowe v. State
2014 Ark. App. 446
Ark. Ct. App.2014Background
- Desmond Eugene Rowe was on probation, which expressly prohibited possessing firearms.
- The State petitioned to revoke Rowe’s probation after a March 30, 2013 shooting in which a vehicle was fired upon and one passenger was wounded.
- Victim Jermaine Kincade testified at the revocation hearing that Rowe (and others) fired at his vehicle; Kincade said he saw Rowe firing through the rearview mirror and had known Rowe his whole life.
- The trial court found Kincade credible and concluded Rowe violated the firearm condition of his probation.
- Rowe was sentenced to seventy-two months’ imprisonment and appealed, challenging the sufficiency of the evidence linking him to the shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to show Rowe participated in shooting | Rowe: Kincade's testimony was insufficient to prove Rowe was a participant in the multi-person shooting | State: Kincade's eyewitness ID and account established by a preponderance that Rowe fired a gun at the vehicle | Court: Trial court’s credibility finding was permissible; evidence sufficient to revoke probation |
| Standard of proof and admissibility in revocation proceedings | Rowe: (implicit) higher reliability required to deprive probation | State: Revocation requires proof by preponderance; rules of evidence are relaxed and credibility is for the factfinder | Court: Preponderance standard applies; appellate court defers to trial court on credibility; revocation affirmed |
Key Cases Cited
- Brock v. State, 14 S.W.3d 908 (Ark. Ct. App.) (only one violation needed to sustain probation revocation)
- Stinnett v. State, 973 S.W.2d 826 (Ark. Ct. App.) (State must prove probation violation by a preponderance; appellate review limited and deferential)