Ware v. State, 494 S.W.3d 438

Appellant Tia Ware pled guilty to delivery of a controlled substance (amphetamine) and received 60 months’ probation on January 28, 2013.
The State filed petitions to revoke probation alleging violations of drug-free and payment conditions.
At the September 28, 2015 revocation hearing, evidence showed missed supervision meetings, positive drug tests (amphetamines, benzodiazepines, THC, and opiates), admissions of THC use, and delinquent payments toward fines and supervision fees.
Ware claimed lack of access to rehabilitative services, that some positive tests were due to pregnancy/postpartum prescription, and that she was not offered counseling; she did not produce a prescription at the hearing.
The circuit court found by a preponderance of the evidence that Ware inexcusably violated probation, revoked the prior probation, and imposed 24 months’ probation with 12 months in a Community Correction Center and monthly payments toward fines/costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether revocation was supported by sufficient evidence that Ware inexcusably violated probation	The State: Ware used illicit drugs and failed to keep up payments, meeting the preponderance standard for revocation	Ware: Violations were excusable because she was pregnant/postpartum, had prescription explanations, and lacked offered rehabilitative services	Court affirmed: preponderance of evidence supported revocation for drug use and payment delinquencies

(No controlling or persuasive authorities with official reporter citations were cited in the opinion.)