Von Holt v. State
2017 Ark. App. 314
Ark. Ct. App.2017Background
- Frankie Dewayne Von Holt pleaded guilty in 2008 to multiple felonies (breaking/entering, possession of methamphetamine with intent to deliver, and possession of drug paraphernalia) and received concurrent five-year ADC terms with additional suspended imposition of sentence (SIS) terms tied to some counts; SIS conditions included restitution and a $100 public-defender fee.
- On December 22, 2015, a controlled buy of methamphetamine occurred at Curtis Jones’s residence; Von Holt arrived shortly after the buy, was present inside under ten minutes, and was found outside leaning on his truck when officers returned with a warrant.
- Police recovered $200 in marked buy money from Von Holt’s pocket, drug packaging, scales, paraphernalia, and a rubber boot in the bed of Von Holt’s truck containing multiple bags that later tested positive for methamphetamine (248.5 grams total among items tested).
- The State filed a petition to revoke Von Holt’s SIS alleging (1) commission of new drug offenses (trafficking, possession with intent to deliver, paraphernalia, conspiracy) and (2) failure to pay restitution and the public-defender fee. A revocation hearing was held August 24, 2016.
- The trial court found SIS violations, denied Von Holt’s directed-verdict motion, and sentenced him to an aggregate twenty-five years in ADC; the appellate court affirmed revocation but vacated a separately imposed 48-month sentence on the breaking-and-entering counts as illegal because those original 60-month terms were not suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved by a preponderance that Von Holt committed trafficking/possession with intent to deliver | State: marked buy money on Von Holt, drugs and paraphernalia in Von Holt’s truck, bulk methamphetamine found in truck — supports trafficking and possession allegations | Von Holt: argued State failed to establish a prima facie case of trafficking (insufficient evidence of delivery/possession with intent) | Affirmed: preponderance standard met; evidence of marked money, drugs in truck, scales, and packaging supported revocation for drug offenses |
| Whether Von Holt willfully failed to pay restitution and public-defender fee as SIS violation | State: restitution records show no payments since July 29, 2015 and outstanding public-defender fee; burden shifts to Von Holt to offer excuse | Von Holt: contended State needed to prove willfulness (and challenged sufficiency) | Affirmed: State established nonpayment; Von Holt failed to provide an excuse; trial court properly found inexcusably failed to pay |
| Standard of proof for SIS revocation (applicable burden) | State: revocation requires preponderance of evidence | Von Holt: implicitly urged higher standard akin to criminal conviction | Held: preponderance applies; revocation affirmed even where evidence might be insufficient for conviction |
| Legality of new 48-month sentence on breaking-and-entering after revocation | State: reimposition appropriate on revocation | Von Holt: appealed sentencing as improper | Modified: appellate court vacated the 48-month sentence because original 60-month breaking-and-entering term was not suspended and thus could not be "revoked" |
Key Cases Cited
- Jones v. State, 355 Ark. 630, 144 S.W.3d 254 (preponderance standard for revocation of suspended sentence)
- Bradley v. State, 347 Ark. 518, 65 S.W.3d 874 (evidence insufficient for conviction can still support SIS revocation)
- Doyle v. State, 302 S.W.3d 607 (where multiple violations alleged, revocation affirmed if any proven)
- Cheshire v. State, 95 S.W.3d 820 (same principle regarding multiple alleged SIS violations)
- Bohannon v. State, 439 S.W.3d 735 (burden shifts to defendant to offer reasonable excuse for nonpayment)
- Reyes v. State, 454 S.W.3d 279 (appellate correction of illegal sentence permissible)
- Walden v. State, 433 S.W.3d 864 (court may correct illegal sentence on appeal)