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Ta v. State

Court of Appeals of Arkansas, Division I

April 8, 2015

STEVEN VAN TA, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT. NO. CR-2012-405. HONORABLE JAMES O. COX, JUDGE.

Aubrey L. Barr, for appellant.

Leslie Rutledge, Att'y Gen., by: Kathryn Henry, Ass't Att'y Gen., for appellee.

BART F. VIRDEN, Judge. HARRISON and HIXSON, JJ., agree.

OPINION

Page 326

BART F. VIRDEN, Judge

On September 9, 2014, the Sebastian County Circuit Court revoked appellant Steven Van Ta's suspended sentences and sentenced him to serve six years' imprisonment followed by a ten-year suspended imposition of sentence (SIS). Ta's only argument on appeal is that there was insufficient evidence to revoke his suspended sentences. We disagree and affirm the revocation.

Page 327

I. Procedural History

In May 2012, Ta pleaded guilty to four charges: conspiracy to possess roxicodone with purpose to deliver, for which he received a ten-year SIS; possession of drug paraphernalia, for which he received a six-year SIS; possession of a Schedule VI controlled substance, for which he received a one-year SIS; and refusal to submit to arrest, for which he received a ninety-day SIS. Ta was given terms and conditions of his suspended sentences, which provided, among other things, that he not violate any laws and that he pay a fine, costs, and fees.

The State filed a petition to revoke in July 2014, alleging that Ta had violated the terms and conditions of his suspended sentences by committing aggravated assault on a family or household member and terroristic threatening and by failing to pay his fine, costs, and fees.

II. Revocation Hearing

At the revocation hearing, the State entered a ledger into evidence, with no objection by defense counsel, reflecting an outstanding balance on Ta's fine, costs, and fees of $1,156.

Vankham Sisouphanh testified that Ta was her live-in boyfriend of several months when, on July 4, 2014, he " flipped out," pulled her off of the couch, and dragged her to the kitchen where he straddled her and told her that if she ever left him, he would kill her. Sisouphanh testified that Ta grabbed a knife and that, when she told him she needed to pick up her children, he said she " might not make it." Sisouphanh nevertheless ...


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