FROM THE PHILLIPS COUNTY CIRCUIT COURT [NO. 54CR-12-119]
HONORABLE RICHARD L. PROCTOR, JUDGE
Law Firm, P.A., by: E. Dion Wilson, for appellant.
Rutledge, Att'y Gen., by: Rebecca Kane, Ass't
Att'y Gen., for appellee.
D. VAUGHT, Judge.
Brown appeals the Phillips County Circuit Court's
revocation of his probation. On appeal, he argues that the
petition for revocation failed to provide notice of the
allegations against him, that he was not properly served, and
that there was insufficient evidence to support the
revocation of his probation. We affirm.
2012, pursuant to a guilty plea to charges of residential
burglary and first-degree battery, Brown was sentenced to
five years' probation. On December 5, 2014, the State
filed a petition to revoke Brown's probation, alleging
that Brown had committed arson and first-degree battery;
possessed a knife; failed to pay fines, fees, and court costs
as ordered; and failed to comply with the instructions of his
probation officer. The certificate of service attached to the
revocation petition stated that it had been served on
Brown's attorney,  along with copies
of the criminal summons, order setting the revocation
hearing, and notice of the hearing.
hearing on January 29, 2015, the court granted the
State's motion for a continuance and rescheduled the
hearing for February 9, 2015. Brown argued that he had not
been personally served with the revocation petition, but he
made no motion and obtained no ruling on the issue.
February 9 hearing, Brown again argued that he had not been
personally served. The prosecutor stated that his records
showed that the documents had been served on Brown's
attorney, which Brown did not dispute. Brown stated that
service on his attorney was not proper, but neither made any
legal arguments nor cited any authority for his statement.
The court overruled Brown's objection.
Burnside, Brown's probation officer, began to testify
that Brown had tested positive for drugs numerous times
during his probation. Brown's counsel immediately
objected that the petition for revocation did not allege
anything about failed drug tests. The State responded that
the petition alleged that Brown had failed to participate in
supervised probation, failed to report, and failed to fully
comply with the written and verbal instructions of his
probation officer. The court found that was sufficient notice
to cover allegations of failed drug tests and overruled the
testified that Brown had tested positive for marijuana when
he came in for probation intake on August 2, 2012, and that
he had tested positive for marijuana three additional times,
one of which he also tested positive for cocaine. Burnside
also testified that Brown remained delinquent on his
supervision fees. She stated that she had checked and
confirmed that Brown had neither paid his fees nor worked
them off by doing community service. Burnside testified that
Brown had failed to report in January, March, April, June,
and December of 2013 and February, April, and June of 2014.
She also testified that Brown failed to follow instructions
by moving without notifying his probation officer or
obtaining approval. Burnside testified that, during
Brown's intake, she had gone over the conditions of his
probation with him. One of the conditions of probation that
she had counseled Brown to abide by was the requirement that
he not commit any new felonies while on probation.
Willis testified that he knew Brown and that Brown had
threatened to kill him and his family. He witnessed Brown
fighting with Lorenzo Danaby. He testified that Lorenzo had
started the fight and that he saw Brown with a knife and saw
Brown stab Lorenzo with it.
Wilson testified that she is the mother of Cordarious Willis.
She stated that she knew Demarcus Brown and Lorenzo Danaby
because her daughter, Javona Willis, was in relationships
with both men. She stated that she had received a call that
Cordarious and Brown were fighting and that she saw Brown
with a knife but did not see him stab Lorenzo.
Danaby testified that he had been in a fight with Brown on
October 22, 2014, during which Brown stabbed him in the back
with a knife. He testified that the stabbing punctured his
right lung and his bladder, requiring extensive medical
Louis Danaby testified that he is Lorenzo's father and
that he knew Demarcus Brown. He stated that on October 11,
2014, someone broke the windows out of his house and burned
the house, which also burned a camper and a truck on the
property. He testified to the value of each item lost in the
fire, the total of which came to $28, 800. He testified that
approximately fifteen to twenty minutes before his house was
burned, he saw an unfamiliar powder blue bicycle in his yard.
He did not know who owned the bike, but the following day he
saw Demarcus Brown on the same bike.
court found that Brown had violated the conditions of his
probation by committing battery and arson, possessing a
knife, testing positive for drugs four times, and failing to
report eight times. The court revoked Brown's probation
and sentenced him to serve twenty-year terms in the Arkansas
Department of Correction for each of the ...