FROM THE SHARP COUNTY CIRCUIT COURT [NOS. CR-2012-68 AND
CR-2012-69] HONORABLE HAROLD S. ERWIN, JUDGE
Starken, for appellant.
Rutledge, Att'y Gen., by: Rachel Kemp, Ass't
Att'y Gen., and Garrett Morgan, Law Student Admitted to
Practice Pursuant to Rule XV of the Rules Governing Admission
to the Bar of the Supreme Court under the Supervision of
Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.
Harrison and Brown, JJ., agree.
F. VIRDEN, JUDGE
September 16, 2015, the Sharp County Circuit Court revoked
Tabarick M. Simington's probation and sentenced him to a
term of 180 months' imprisonment and to a term of 120
months of suspended imposition of sentence. The circuit court
also found that Simington owed $145, 000 in restitution.
Simington appeals the revocation of his probation.
March 31, 2014, Simington was convicted of two counts of
theft of property and was sentenced to a term of probation
for a period of 180 months on both counts. Simington was also
ordered to pay restitution, fees, and fines. On June 5, 2015,
the State filed a petition to revoke Simington's
probation based on his failure to pay monthly fines,
restitution, and costs. The State also alleged that Simington
had absconded and failed to report to his probation officer.
revocation hearing took place on September 16, 2015. At the
hearing, probation officer James Irvin testified that
Simington owed over $145, 000 in restitution and fees and
that he had made no payments in 2014 or 2015. Irvin explained
that Simington's case had been transferred to Texas where
he had been living and that authorities there had sent a
report stating that Simington had not reported to his
probation officer since January 6, 2015. Irvin testified that
when the petition to revoke was filed, Simington's
whereabouts were unknown.
testified at the hearing. He explained that he had lost
everything, both financially and personally. In order to
start over in his hay business he had moved back to Texas. He
stated that he had sold over 4000 rolls of hay and that he
would like to commit half of his profits toward the
restitution that he owed. Simington stated, "I have no
excuse other than being in a dark spot for a long time."
Simington later reiterated that he had "absolutely no
circuit court revoked Simington's probation and sentenced
him to 180 months on one count of felony theft, 120 months
suspended on the second count of felony theft, and $145, 000
in restitution. Simington filed a timely notice of appeal.
Simington's initial appeal, we ordered rebriefing because
Simington failed to include in the addendum the order
containing the terms and conditions of his probation. Both
the addendum and the record now contain the written terms and
conditions of probation, and having corrected that error, the
appeal is properly before this court.
appeal Simington argues that the circuit court erred in
revoking his sentence without making a finding that he had
failed to make sufficient bona fide effort to pay his fines
appeal, a revocation of probation will not be overturned
unless the decision is clearly against the preponderance of
the evidence. Peals v. State, 2015 Ark.App. 1, 453
S.W.3d 151. Where multiple violations are alleged as
justification for revocation of probation, the circuit
court's finding that revocation is justified must be
affirmed if the evidence is sufficient to establish that ...