Simington v. State, 2016 Ark. App. 514

Tabarick M. Simington was convicted (Mar. 31, 2014) of two counts of theft of property and placed on concurrent 180‑month terms of probation, with orders to pay restitution, fines, and fees.
He failed to make any payments in 2014–2015 and moved back to Texas to rebuild a hay business; probation was transferred to Texas.
The State filed a petition to revoke probation (June 5, 2015), alleging failure to pay restitution/fees and that Simington absconded and ceased reporting to his probation officer.
At the September 16, 2015 revocation hearing, the probation officer testified Simington owed about $145,000 and had not reported since January 6, 2015; Simington admitted not reporting and admitted nonpayment, offering no excuse.
The circuit court revoked probation and sentenced Simington to 180 months’ imprisonment on one count, 120 months suspended on the other, and ordered $145,000 restitution; Simington appealed.

Issue	Simington's Argument	State's Argument	Held
Whether the circuit court erred by revoking probation without finding Simington made bona fide efforts to pay fines/restitution	Court should have found he made sufficient bona fide effort (or required such finding before revocation)	Revocation was justified because Simington failed to pay and absconded	Affirmed. Court relied on alternate ground (absconding/failure to report) and Simington did not challenge that ground
Whether the State’s petition was deficient for failing to attach probation terms/conditions	Petition impermissibly omitted terms, rendering revocation improper	Issue was not raised below; not preserved for appeal	Not considered on appeal (issue not preserved)

Peals v. State, 453 S.W.3d 151 (Ark. App. 2015) (standard for appellate review of probation revocation)
Doyle v. State, 302 S.W.3d 607 (Ark. App. 2009) (revocation may be affirmed if any alleged violation is proven)
Myers v. State, 451 S.W.3d 588 (Ark. App. 2014) (arguments not raised in circuit court are not preserved for appeal)