APPEAL FROM THE ASHLEY COUNTY CIRCUIT COURT [NO. CR-08-143-4B]. HONORABLE DON GLOVER, JUDGE.
Joseph P. Mazzanti III, for appellant.
CLIFF HOOFMAN, Judge. ABRAMSON and GRUBER, JJ., agree.
CLIFF HOOFMAN, Judge
Appellant Samuel Jerome Henderson appeals after the Ashley County Circuit Court revoked his probation and sentenced him to serve twenty-four months in a community correction center, followed by a twelve-month suspended imposition of sentence. Appellant's attorney has filed a no-merit brief and a motion to withdraw as counsel pursuant to Arkansas Supreme Court Rule 4-3(k) (2014) and Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that this appeal is wholly without merit. The motion is accompanied by an abstract and addendum of the proceedings below, alleged to include all objections and motions decided adversely to appellant, and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court mailed a copy of counsel's motion and brief to appellant's last known address informing him of his right to file pro se points for reversal; however, he has not done so. Consequently, the attorney general has not filed a brief in response. We grant counsel's motion to withdraw and affirm the revocation.
On February 4, 2009, appellant pleaded guilty to unauthorized use of property to facilitate a crime and was placed on probation for sixty months. On February 22, 2013, the State filed a revocation petition alleging that appellant had violated the terms and conditions of his probation. After a hearing on August 28, 2013, the trial court found that appellant had violated the terms and conditions of his probation. However, in lieu of revoking his probation, the court ordered additional conditions to his probation, including having appellant serve fifteen days in the county jail to be served around work but at least one day for every seven days; prohibiting the use of an automobile for thirty days; drug testing appellant fifteen days afterward and every seven days thereafter until clean and every fifteen days from that point forward; extending appellant's probation for an additional thirty-six weeks; and requiring appellant to complete the eighteen-week drug-counseling program at the probation office.
Subsequently, a second revocation petition was filed on March 12, 2014, alleging that appellant violated condition number six of the terms and conditions of his probation by using alcohol and controlled substances. An amended revocation petition filed on June 17, 2014, additionally alleged that appellant violated condition number twenty-three by violating additional conditions as imposed by the court. Specifically, the amended violation report alleged that appellant tested positive for THC on October 15, 2013; November 14, 2013; January 16, 2014; February 13, 2014; and April 17, 2014, and for alcohol on November 14, 2013; January 16, 2014; and February 13, 2014. Furthermore, the report alleged that he served only one day of the fifteen days in jail that were imposed on August 28, 2013.
At the revocation hearing on August 18, 2014, Officer Jacob Hughes testified that he had been supervising appellant during his probation. He explained that appellant tested positive for THC on October 15, 2013; November 14, 2013; January 16, 2014; February 13, 2014; and April 17, 2014, and for alcohol on November 14, 2013; January 16, 2014; and February 13, 2014. Additionally, Officer Hughes testified that despite the court ordering appellant to serve fifteen days in jail as an additional condition of his probation, appellant
served only one day. He further recommended that appellant be placed in a community correction center because he believed that appellant would continue to use drugs if released.
Appellant did not dispute that he tested positive for THC and alcohol. Instead, he explained that he was stressed and resorted to using marijuana and alcohol even though he knew he was on probation. He admitted that he needed help but did not believe that jail was appropriate for him. Additionally, he testified that since he had been incarcerated awaiting the revocation hearing, he had learned other ways to cope with his stress. On cross-examination, ...