FROM THE WASHINGTON COUNTY CIRCUIT COURT. NOS. CR-2011-212-1
& CR-2013-1606-1. HONORABLE MARK LINDSAY, JUDGE.
Appellant: David Michael Hogue.
Appellee: Jacob Helderman Jones, Attorney General.
M. GLOVER, Judge. KINARD and HOOFMAN, JJ., agree.
M. GLOVER, Judge
McClain appeals the May 7, 2015 revocation of his probation.
As his sole point of appeal, he challenges the sufficiency of
the evidence supporting the revocation. We affirm.
February 22, 2011, McClain was charged with felony nonsupport
in Case No. CR2011-212-1. He entered a guilty plea to one
count of nonsupport and was sentenced to 120 months of
supervised probation. He was subsequently charged with the
offense of second-degree battery in Case No. CR2013-1606-1;
he entered guilty pleas, both to the battery charge
(CR2013-1606-1) and to a petition to revoke the probation he
had received in the nonsupport case (CR2011-212-1). By
sentencing order entered on December 4, 2013, on revocation
of the felony nonsupport offense, he received 120 months of
suspended imposition of sentence, and on the second-degree
battery offense, he received 72 months' probation. Both
his suspended sentence and probation included in the terms
and conditions that he commit no new violations of the law.
March 27, 2015, the State filed a petition to revoke in both
cases, alleging McClain had violated the terms and conditions
of his suspended sentence and probation by failing to appear
for trial in Washington County, Arkansas, and by being
convicted of one felony offense and three misdemeanor
criminal offenses in the State of Oregon.
May 6, 2015 revocation hearing, the State introduced evidence
that McClain had failed to appear as ordered for a trial in
Washington County, Arkansas, on July 7, 2014, and evidence
showing that McClain had been convicted of four offenses in
Lane County, Oregon. McClain then testified he had a medical
condition that often required hospitalization and that he was
in the hospital in Springdale, Arkansas, on July 7, 2014,
when he was supposed to be in court. He claimed he called the
court from the hospital to tell someone he would not be able
to make it. He further testified he had appealed the Oregon
convictions and they were still pending. McClain did not
introduce any other evidence to support his own testimony.
the hearing, the trial court concluded McClain had violated
the terms of his probation and his suspended sentence by
committing new criminal offenses and by failing to appear for
court. The trial court explained in pertinent part,
5. That the State presented exhibits showing that while
Defendant was subject to these conditions, the Defendant pled
guilty to a Felony criminal offense and three Misdemeanor
criminal offenses in the State of Oregon, and additionally,
presented an exhibit showing Defendant Failed to Appear for
Court for Trial, C Felony, in the State of Arkansas.
6. That Defendant took the stand to testify on his behalf and
admitted that he was the same person who was shown in all of
these exhibits. The Defendant also made the assertion that he
was in a hospital at the time of the Failure to Appear but
could not state which hospital and had no other proof that he
was actually in any hospital at the time of his Failure to
7. That this Court found the State proved its case by the
Preponderance of the Evidence that Defendant was in violation
to the terms of his Probation and his Suspended Sentence for
committing new criminal offenses and for failing to appear
for court. This finding was based on the exhibits received
and the testimony of the Defendant. The trial court revoked
both McClain's probation and suspended sentence and
sentenced him to six years on the second-degree battery and
ten years on the nonsupport, to be served concurrently in the
Arkansas Department of Correction.
trial court revoked both McClain's probation and
suspended sentence and sentenced him to six years on the
second-degree battery and ten years on the nonsupport, to be