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Lewis v. State

Court of Appeals of Arkansas, Division II

October 26, 2016

MARK S. LEWIS APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE CLAY COUNTY CIRCUIT COURT, EASTERN DISTRICT [NO. CR-2013-67] HONORABLE MELISSA BRISTOW RICHARDSON, JUDGE

         AFFIRMED

          David O. Bowden, for appellant.

          Leslie Rutledge, Att'y Gen., by: Rebecca Bailey Kane, Ass't Att'y Gen., for appellee

          LARRY D. VAUGHT, Judge

         Mark 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.

         In May 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.

         At the 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 any payments.

         Norma 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.

         Officer 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.

         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.

         Mark 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 objection.

         At one 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 incarcerated.

         Mark 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 ...


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