Wheeler v. State, 2017 Ark. App. 541

Steven Wheeler pleaded nolo contendere to two counts of residential burglary and received 120 months’ probation (Saline County Circuit Court, Apr. 5, 2016).
State filed a petition to revoke probation on Sept. 1, 2016, alleging sanctions for failure to report and drug use and noncompliance with conditions regarding new charges, fees, fines, and costs.
At the revocation hearing Wheeler admitted drinking and drug use while on probation and acknowledged violation of probation; he also faced new domestic-battery charges.
The circuit court found Wheeler violated probation based on his testimony and subsequent offenses and granted the State’s petition, sentencing him as a habitual offender to 120 months’ imprisonment.
On appeal Wheeler conceded the admission of violation but argued the State failed to prove he had been given written conditions of probation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether revocation must be reversed because the State did not introduce written conditions of probation	Wheeler: revocation invalid because State never provided/proved written probation conditions	State/Court: issue is procedural and must be raised below to be preserved for appeal	Court: Issue waived for failure to raise in circuit court; revocation affirmed

Costes v. State, 103 Ark. App. 171 (procedural requirement that conditions be provided in writing prevents confusion and is not a sufficiency-of-evidence issue)
Myers v. State, 451 S.W.3d 588 (Ark. App.) (failure to introduce terms and conditions is a procedural matter and does not convert sufficiency review)
Nelson v. State, 141 S.W.3d 900 (Ark. App.) (due-process rationale for requiring written notice of probation conditions; failure to raise issue below waives it)