FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CR-14-283]
HONORABLE ROBERT H. WYATT, JR., JUDGE
Law Office, by: Gary W. Potts, for appellant.
BRANDON J. HARRISON, JUDGE
Jefferson County Circuit Court revoked Corderro Foster's
probation and sentenced him to six years' imprisonment.
Pursuant to Anders v. California, 386 U.S. 738
(1967), and Rule 4-3(k)(1) of the Rules of the Arkansas
Supreme Court and Court of Appeals, Foster's attorney has
filed a no-merit brief along with a motion to withdraw,
asserting that there is no issue of arguable merit for an
appeal. Foster was notified of his right to file pro se
points for reversal via certified mail, but he has not done
so. We affirm the revocation and grant counsel's motion
2014, Foster was charged with possession of a controlled
substance (cocaine). Foster pled guilty to the charge and was
sentenced to three years' probation. The terms of his
probation included the provisions that he not commit a
criminal offense punishable by imprisonment, not use drugs or
drink alcohol, report to his supervising officer as directed,
and pay fines and costs as directed.
January 2015, the State petitioned to revoke Foster's
probation, alleging that he had violated his probation by
committing the crimes of residential burglary and theft of
property, using benzodiazepines and marijuana, failing to
report as instructed, and failing to pay certain fines and
costs. The State filed a supplemental petition in March 2015
and attached a criminal information showing that Foster had
recently been charged with aggravated robbery, possession of
a firearm by certain persons, and theft by receiving.
circuit court held a revocation hearing in February 2016.
Pine Bluff Police Detective Mike Sweeney testified that he
had investigated an aggravated robbery that occurred on 12
January 2015 and that Foster was one of the defendants in
that case. Sweeney explained that Foster and two other
gentlemen had allegedly followed an elderly couple home from
the grocery store and robbed them. Foster was tentatively
identified by the victims as one of the suspects. After
Foster and the other suspects had been taken into custody
several days after the robbery, Foster admitted to having
been at the grocery store that day but denied any other
involvement. One of the other suspects, however, admitted
that they had followed the couple home and robbed them at
also described a burglary that occurred on 4 November 2014
wherein two televisions were stolen from a residence. No one
in the residence was a smoker, and a cigarette butt found in
the house contained Foster's DNA. Police located a stolen
vehicle containing the two stolen televisions a short
distance from the residence; Foster's fingerprints were
found on the stolen vehicle.
Mickey Buffkin with the Jefferson County Sheriff's
Department testified that he had investigated an alleged
escape from the Dub Braswell Detention Center in January
2015. He testified that the two escapees, Foster and another
individual, had escaped by assisting each other in removing
their handcuffs and fleeing through an open bay door. The two
men injured a guard during their escape, and they were
charged with first-degree escape and second-degree battery.
circuit court found that the State had proven by a
preponderance of the evidence that Foster had violated the
terms and conditions of his probation "for numerous
rules violations." The court noted that Foster had been
charged in at least three new cases involving eight new
felonies since he had been placed on probation. Foster's
probation was revoked, and he was sentenced to six years'
appeal of a revocation, we review whether the circuit
court's findings are clearly against the preponderance of
the evidence. Jones v. State, 2013 Ark.App. 466. To
revoke probation, the State has the burden of proving by a
preponderance of the evidence that a condition of probation
was violated. Id. Evidence that is insufficient to
support a criminal conviction may be sufficient to support a
revocation. Joiner v. State, 2012 Ark.App. 380.
Proof of just one violation of the terms and conditions of
release is sufficient to support revocation. Richardson
v. State, 85 Ark.App. 347, 157 S.W.3d 536 (2004).
counsel argues that there are no meritorious grounds for
appeal and asks to withdraw as counsel. A request to withdraw
on the ground that the appeal is wholly without merit shall
be accompanied by a brief that contains a list of all rulings
adverse to appellant and an explanation as to why each ruling
is not a meritorious ground for reversal. Ark. Sup. Ct. R.
4-3(k)(1). The brief shall contain an argument section that
consists of a list of all rulings adverse to the defendant
made by the circuit court on all objections, motions, and
requests made by either party with an explanation as to why
each adverse ruling is not a meritorious ground for reversal.
case, counsel correctly notes that the only adverse ruling
was the revocation of Foster's probation. Counsel asserts
that the circuit court was correct in its ruling that Foster
was in violation of the terms of his probation and that there
was sufficient evidence to revoke and sentence him. We agree;
the circuit court heard sufficient evidence to find by a
preponderance of the ...