Vail v. State
2014 Ark. App. 407
| Ark. Ct. App. | 2014Background
- Vail pled guilty on November 12, 2011 to theft of scrap metal, first-degree criminal mischief, residential burglary, and theft of property, receiving a 109-month sentence plus 48 months SIS, $2500 restitution, costs, fines, and obedience to SIS.
- Vail was paroled in January 2013.
- On May 16, 2013, the State filed a petition to revoke SIS, alleging nonpayment of restitution, fines, costs, and fees; failure to notify address and employment; and four new offenses.
- A revocation hearing occurred July 31, 2013; testimony showed only one $75 payment toward fines and an absence of contact about address or employment since March 1, 2013; probation indicated January 2013 work may have occurred.
- The trial court found inexcusably failed to notify changes of address and to pay, revoked SIS, and sentenced Vail to three years’ imprisonment.
- Vail's counsel filed a no-merit brief under Rule 4-3(k)(1) and Anders; the State declined to file a responsive brief; the appellate court affirmed the revocation and granted counsel’s withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation was supported by a preponderance of the evidence | Vail argues insufficient evidence to prove inexcusably failed to pay and notify. | State contends the evidence showed nonpayment and failure to notify, justifying revocation. | Yes; revocation affirmed. |
| Whether the State met the burden shifting on nonpayment and Vail failed to show inability to pay | Vail contends any inability to pay was not appropriately considered. | State asserts Vail did not provide a reasonable excuse or good-faith effort to pay. | Burden shifted to Vail; failure to show reasonable excuse was deemed inexcusably nonpaid. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (Supreme Court 1967) (no-merit review in criminal appeals when counsel files frivolous-issues brief)
- Williams v. State, 2013 Ark. App. 422 (Ark. App. 2013) (revocation standard; clear error review; credibility of witnesses)
- Scroggins v. State, 389 S.W.3d 40 (Ark. App. 2012) (burden-shifting on nonpayment; must show good-faith effort to pay)