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Myers v. State

Court of Appeals of Arkansas, Division I

December 17, 2014

MARLON TRAMAIN MYERS, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT. NO. CR-09-1011. HONORABLE STEPHEN TABOR, JUDGE.

AFFIRMED.

Hancock Law Firm, by: Charles D. Hancock, for appellant.

Dustin McDaniel, Att'y Gen., by: Kathryn Henry, Ass't Att'y Gen., and Trae Norton, Law Student Admitted to Practice Pursuant to Rule XV of the Rules Governing Admission to the Bar of the Supreme Court under the supervision of Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.

PHILLIP T. WHITEAKER, Judge. GLADWIN, C.J., and HIXSON, J., agree.

OPINION

Page 589

PHILLIP T. WHITEAKER, Judge

Appellant Marlon Myers attempts to challenge the sufficiency of the evidence supporting the revocation of his suspended imposition of sentence. Because we conclude that his arguments are not preserved for appeal, we affirm.

Myers entered a plea of guilty to one count of first-degree domestic battery and was sentenced to six years' imprisonment followed by fourteen years' suspended imposition of sentence (SIS). Among the terms and conditions of his SIS were that he not violate any federal, state, or municipal law, and pay a $100 public-defender fee. The State subsequently filed a petition to revoke Myers's SIS, alleging that he had committed new criminal offenses and failed to pay his court-ordered monetary obligations.

At a revocation hearing, the State introduced certified copies of Myers's convictions for second-offense driving while intoxicated and driving on a suspended license; in addition, the State introduced a case profile from Myers's domestic-battery file, showing a balance of fines and costs in the amount of $1,640 and a public-defender-fee balance of $100. The State then rested, and Myers moved for a directed verdict, which the circuit court denied. Myers then testified and admitted to having pled guilty to the DWI count.

At the conclusion of the hearing, Myers's counsel argued for a more lenient sentence but acknowledged that Myers's suspended sentence for domestic battery would exclude him from several programs, such as drug court or a regional correctional facility. The circuit court found that Myers had violated the terms of his suspended sentence, revoked his SIS, and sentenced him to four years in the Arkansas Department of Correction, followed by another ten years' SIS.

On appeal, Myers raises three separate arguments, asserting that the circuit court erred by not directing a verdict because (1) the State failed to present any evidence

Page 590

that Myers was subject to a suspended imposition of sentence; (2) the State failed to present any evidence that Myers was subject to the terms and conditions of a suspended sentence; and (3) the State failed to present any evidence that Myers had been given a copy of the terms and conditions of a ...


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