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Johnson v. State

Court of Appeals of Arkansas, Division II

November 5, 2014

BOBBY JOHNSON, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 144

APPEAL FROM THE LAFAYETTE COUNTY CIRCUIT COURT. NO. 37CR-07-5-3. HONORABLE KIRK JOHNSON, JUDGE.

John Wesley Hall, Jr., and Sarah M. Pourhosseini, for appellant.

Dustin McDaniel, Att'y Gen., by: Jake H. Jones, Ass't Att'y Gen., for appellee.

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

OPINION

Page 145

BILL H. WALMSLEY, Judge

Appellant Bobby Johnson appeals from the Lafayette County Circuit Court's revocation of his probation. He argues that the trial court erred by taking judicial notice that he was aware of the conditions of his probation and that the trial court erred in permitting the State to reopen its case after the court had made its ruling. We affirm.

On April 6, 2009, Johnson pleaded guilty to committing three counts of breaking or entering and three counts of theft of property. He received five years' probation, and the sentencing order indicates that conditions of probation were attached to the order. On October 5, 2012, the State filed a petition to revoke, alleging numerous violations of those conditions.[1] Because Johnson does not challenge any particular violation, our summary of the testimony will be limited to that which pertains to his arguments on appeal.

Revocation Hearing - September 18, 2013[2]

Andrew Gibson and Hardy Sheppard, Johnson's probation officers since April 2012 and from October 2011 until April 2012, respectively, testified that Johnson violated several conditions of his probation. Further, Sheppard testified that, although he did not witness Johnson signing the conditions of probation, it is routine practice for a probationer to initial the conditions and sign the document. He stated that the probationer is given a copy, the probation officer keeps a copy, and the judge gets a copy to file. The conditions of probation were introduced into evidence over Johnson's objection to a lack of foundation.

Johnson moved for a directed verdict arguing that there was no evidence that he had reviewed or signed the conditions of probation. The trial court denied the motion.

Johnson testified that he did not violate any conditions of his probation and asserted that the State's witnesses were lying. Specifically, Johnson testified that he always called in if he could not report in person, that he should have been reporting every three months, instead of every month, based on what other probationers had told him, that he did not have any positive drug tests, that he paid his fines and fees, and that he would have submitted to a drug assessment if he had been aware that one was scheduled by his probation officer. Johnson also testified that in March 2012 he was put in jail for two days for failing to report to his probation officer. Finally, Johnson claimed that he did not review, initial, or sign any conditions of probation.

The trial court found that Johnson violated several conditions of his probation and announced his sentence from the bench: an aggregate term of ten years' imprisonment to be followed ...


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