FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT
[NO. CR-2013-217] HONORABLE CINDY THYER, JUDGE
Goodwin Jones, for appellant.
Rutledge, Att'y Gen., by: Amanda Jegley, Ass't
Att'y Gen., for appellee.
BRANDON J. HARRISON, Judge
Williams appeals the revocation of her probation, arguing
that the circuit court erred in denying her motion for
continuance and in finding that she willfully failed to pay
as ordered. We affirm.
April 2013, Williams pled guilty to theft of property and was
sentenced to five years' probation. Among the conditions
of her probation were that she not commit any criminal
offense punishable by imprisonment; not possess a firearm or
other deadly weapon; report to her probation officer; notify
her probation officer of any change of address; and pay $35
per month in supervision fees, $4573.33 in restitution, and
$756 in fines and costs. Williams was ordered to pay $100 per
month toward these amounts beginning in May 2013.
December 2013, the State filed a petition to revoke
Williams's probation, alleging that she had violated the
conditions of her probation by committing the crime of
aggravated assault and possessing a handgun. Between December
2013 and June 2015, the circuit court granted thirteen
continuances at Williams's request. The revocation
petition was amended in August 2015 to include an allegation
that Williams had committed the offense of criminal mischief.
Also in August 2015, Williams requested and received her
December 2015, the petition was again amended to include
allegations that Williams had failed to report, changed her
residence without proper notification, and failed to pay
fines. The circuit court granted two more continuances at
Williams's request, in December 2015 and January 2016,
and set the revocation hearing for 1 February 2016.
the hearing began, Williams requested a continuance because
she had been unable to compel the attendance of a witness for
her defense. This witness, she argued, would provide
testimony relevant to the aggravated-assault allegation.
After noting that over two years had passed since the filing
of the petition to revoke and that several continuances had
already been granted to secure the presence of that
particular witness, the circuit court denied the request,
finding that "there have been ample opportunities for
her to be here and she has not come."
State proceeded with its case in chief, and Tammy Hubble, a
staff accountant with the Craighead County Sheriff's
Office, testified that Williams had made six payments since
2013 and that a balance of $4949.33 remained. Keith Ming,
Williams's probation officer, testified that Williams was
supposed to report monthly but that she had not reported to
him since July 2015. Several witnesses testified to an
incident in July 2013 in which Williams had argued with and
threatened some other women with a gun. Chancellon McMillion,
the father of Williams's two children, testified that
Williams had vandalized his car in April 2015 by smashing his
windshield with a paint bucket. And finally, Detective Jason
Simpkins with the Jonesboro Police Department testified that
he had investigated the criminal-mischief allegation
involving McMillion's car and that Williams admitted to
him that she had damaged the car.
sister and mother both testified that she did not have a gun
at the time of the July 2013 incident. Williams testified
that she had held several jobs since 2013 and that she was
currently working as a waitress. Williams admitted that she
had argued with some other women but denied having a gun or
pointing a gun at them. She did admit to damaging
McMillion's car with the paint bucket. She also explained
that she had not seen her probation officer since July 2015
because she was stressed out all the time and had "got
to the point where [she] want[ed] to just give up on
everything." She also admitted that "some" of
her failure to pay was her fault.
circuit court found that Williams had violated her probation
by failing to pay as ordered, failing to report to her
probation officer, and committing criminal mischief when she
damaged McMillion's vehicle. She was sentenced to 120
days' jail time and thirty-nine months' probation.
This appeal followed.
first argues that the circuit court erred in not granting her
a continuance. She acknowledges that there had been
"several" continuances previously granted but
nevertheless argues that the circuit court should have
granted a seventeenth so she could get her witness. A circuit
court shall grant a motion for continuance only upon a
showing of good cause and only for so long as is necessary.
Thomas v. State, 370 Ark. 70, 257 S.W.3d 92 (2007).
The grant or denial of a motion for continuance is within the
sound discretion of the circuit court, and that court's
decision will not be reversed absent an abuse of discretion
amounting to a denial of justice. Id. When a motion
is based on a lack of time ...