MARK S. LEWIS APPELLANT
STATE OF ARKANSAS APPELLEE
FROM THE CLAY COUNTY CIRCUIT COURT, EASTERN DISTRICT [NO.
CR-2013-67] HONORABLE MELISSA BRISTOW RICHARDSON, JUDGE
O. Bowden, for appellant.
Rutledge, Att'y Gen., by: Rebecca Bailey Kane, Ass't
Att'y Gen., for appellee
D. VAUGHT, Judge
Lewis appeals the Clay County Circuit Court's order
revoking his probation. His only argument on appeal is that
the trial court erred in not ordering, sua sponte, a
competency evaluation. We affirm.
2014, Mark pled guilty to furnishing prohibited articles
pursuant to Arkansas Code Annotated section 5-54-119 (Supp.
2013) and was sentenced to five years' probation. Mark
was ordered to pay $1, 170 in fines, fees, and costs at the
rate of $75 per month. The State filed a petition for
revocation of Mark's probation in 2015, followed by an
amended petition that alleged he had violated the terms and
conditions of probation by failing to make any payments as
ordered and having committed the crimes of disorderly
conduct, criminal mischief, and two counts of aggravated
assault on a family member.
revocation hearing, Della Jackson testified that she worked
for the Eastern District of Clay County collecting payments
for the circuit court. She stated that Lewis had never made
Jean Lewis testified that she was Mark Lewis's mother.
She testified that, during the time period relevant to this
case, Mark resided in her home, as did her two grandsons who
were fourteen and three years old. She stated that on May 3,
she had awakened to noises in the house and had found her
grandson's "pillow pet" in the hallway "in
shreds." She then found Mark in his bedroom speaking
gibberish. She went to the living room where she found her
leather sofa cut up and stuffing strewn around the room.
There was also a picture knocked off the wall, and the frame
was broken. She testified that Mark had denied destroying the
sofa, but she did not believe him because there was no one
else in the house at the time except her three-year-old
grandson. She stated that she went to the sheriff's
office and reported the incident and told them that she
wanted Mark out of her house. She stated that she had not
been threatened or harmed by Mark. She also stated that no
one else in the home used methamphetamine except possibly
Mark, but then explained on cross-examination that her other
son, Jason, who previously used the room Mark was using, had
a history of methamphetamine usage.
Sam Poole testified that when he arrived at Norma Lewis's
home, the living room and bedroom were in
"shambles" and that he observed a knife in the
couch cushion. He also stated that Mark was talking "out
of his head." Poole testified that, after he arrested
Mark, Ms. Lewis brought two spoons and a syringe to the
station, alleging that they must belong to Mark.
Lewis testified that he understood the nature of the
revocation proceedings and that he did not have to testify on
his own behalf. He admitted cutting up the leather sofa,
stating that he was looking for a piece of paper that
contained information about a girl who had been missing since
approximately 1988 or 1989. Mark reasoned that the couch had
been purchased for less than $200 approximately nine years
ago and was not in good condition and that he could replace
it after he cut it up looking for the piece of paper. He
explained that he had then accidentally knocked the picture
off the wall while trying to clean up.
denied that the methamphetamine was his, stated that his
brother had been using that room, and stated that he had
asked for a drug test that he never received. He then
testified about the events surrounding his underlying charge
for furnishing a prohibited item and discussed his efforts to
obtain a lawyer for that charge. The State objected to the
relevance of the testimony, and the court sustained the
point in his testimony, Mark spontaneously stated, "You
know, I'm off my meds." He testified he had been on
Celexa and Adderall but that approximately a month before the
hearing he had stopped receiving his medications while
attributed both the drug paraphernalia and the messy
condition of the house to his brother, who had been staying
in Mark's bedroom a few months prior to the ...