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Robinson v. State

Court of Appeals of Arkansas, Division II

October 29, 2014

Robinson
v.
State

APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT. NO. CR-2006-293. HONORABLE JOHN N. FOGLEMAN, JUDGE.

Robert M. " Robby" Golden, for appellant.

Dustin McDaniel, Att'y Gen., by: Pamela A. Rumpz, Ass't Att'y Gen., for appellee.

BILL H. WALMSLEY, Judge. HARRISON and GRUBER, JJ., agree.

OPINION

Page 191

BILL H. WALMSLEY, Judge

Appellant Taneka Robinson appeals from the Crittenden County Circuit Court's revocation of her probation. Robinson argues that the trial court erred in admitting into evidence a probation officer's report in violation of her right to confront and cross-examine witnesses. We affirm.

On May 5, 2006, Robinson pleaded guilty to aggravated assault. She received five years' probation and, among other things, was ordered to pay a fine and costs, totaling $1,500. She was ordered to pay that sum at the rate of $50 per month beginning July 1, 2006. On June 2, 2009, the State filed a petition to revoke, alleging numerous violations of the terms and conditions of her probation. An arrest warrant was issued on June 3, 2009, but could not be served on Robinson until May 25, 2012.

On June 5, 2012, a hearing was held on the State's petition to revoke. Virginia House with the Crittenden County Sheriff's Department testified that Robinson had made no payments whatsoever toward her fine and costs. A ledger sheet was admitted into evidence without objection.

Mary Marshall, a probation officer, testified that Jim Russell was Robinson's original probation officer and that he had prepared a violation report on May 14, 2009. Robinson objected to its introduction into evidence on the basis that the report was hearsay. The trial court ruled that the report was admissible pursuant to Ark. R. Evid. 803(8) as a report made by a public official setting forth his regularly reported activities and matters observed pursuant to duty. Robinson further objected on the basis that she was not able to confront and cross-examine Russell as to the contents of the report. The trial court noted Robinson's objection but overruled it, again citing the exception to the rule against hearsay.

The violation report indicates that Robinson failed to pay the fine and costs as ordered, admitted to using and tested positive for controlled substances on numerous occasions, last reported to her probation officer on July 1, 2008, failed to notify the probation office of her new address, failed to attend GED classes, failed to complete drug counseling, and failed to pay probation fees.

Robinson admitted committing many of the violations listed in Russell's report.

Page 192

Robinson testified that she was currently working and had held several jobs since getting " stabilized" in early 2010. She received no child support from either of the fathers of her two children, but she worked to support them and received food stamps. She added that family members helped her. She acknowledged that she owed $625 in probation fees and testified that she had a money order for that amount with her in court to pay those fees.[1] Robinson stated that she was aware at the time she was placed on probation that she must pay a fine and costs. She stated that she did not know why she had failed to make any payments. Robinson then promised the trial court that she could pay the balance of what she owed by September 2012 because she planned to apply her income-tax refund and weekly check toward it. Based on those assurances, the trial court ...


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