FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-14-01]
HONORABLE RALPH WILSON, JR., JUDGE
Butler Bernard, Jr., for appellant.
RAYMOND R. ABRAMSON, Judge
Benton County Circuit Court revoked Ben Perkins's
probation and sentenced him to twenty-four months'
imprisonment and sixty months' suspended imposition of
sentence. 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, Perkins'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. Perkins was notified via certified mail of his right
to file pro se points for reversal, but he has not done so.
We affirm the revocation and grant counsel's motion to
October 31, 2014, Perkins pled guilty to residential
burglary, and the court sentenced him to eighty-four
months' probation. The terms and conditions of his
probation included that he shall live a law-abiding life, be
of good behavior, and not violate any state, federal or
municipal law; shall pay fines, court costs, and restitution;
shall promptly notify his probation officer of any change of
address or employment; and shall cooperate with his probation
officer and report to her as directed.
August 3, 2016, the State filed a petition for revocation of
Perkins's probation. It alleged that Perkins had failed
to pay fines, costs, and fees; failed to report to his
probation officer; failed to pay probation fees; failed to
notify his probation officer of his current address and
employment; failed to live a law-abiding life, be of good
behavior, and not violate any state, federal, or municipal
law; and committed first-degree battery on May 29, 2016. The
court held a revocation hearing on December 12, 2016.
hearing, the State informed the court that it wanted to
dismiss the first-degree-battery allegation because the
witness failed to appear for the hearing. April Thomas then
testified that she is Perkins's probation officer and
that Perkins is required to report to her monthly but that
since November 17, 2015, Perkins had reported only one time
on January 25, 2016. She further stated that he had informed
her that he lived at 265 Winchell Circle, but when she
visited that address in May 2016, the residence was vacant.
Thomas also testified that Perkins had not paid any probation
fees and that he tested positive for marijuana on January 25,
2016. Anitra Thompson, an employee of the Crittenden County
Sheriff's office, testified that Perkins had not made any
payments on his fines, fees, or restitution and that he owed
Cannady, Perkins's mother, testified that Perkins turned
eighteen on May 28, 2016, and that he has been living with
her since November 2015. She stated that she did not know he
was on probation until recently and that she did not receive
any notification that he had not been making the required
payments. She further stated that she could pay his fines and
costs for him.
testified that he did not make payments because he did not
understand that he was required to make payments. He thought
his mother would make the payments. He further testified that
he is dependent on his mother for transportation and that he
did not know he was required to report to his probation
officer monthly. He explained that he went to jail in July
2016 for a first-degree-battery charge and that he had been
in jail until about two weeks before the hearing. He also
admitted smoking marijuana. He stated that now that he is
eighteen years old, he would start making the required
payments and that he would report to his probation officer.
conclusion of the hearing, the court revoked Perkins's
probation and sentenced him to twenty-four months'
imprisonment followed by sixty months' suspended
imposition of sentence. The court found that Perkins had
violated his probation by (1) inexcusably failing to pay
fines and costs; (2) failing to live a law-abiding life by
testing positive on a January 25, 2016 drug screen; (3)
inexcusably failing to report to his probation officer; and
(4) inexcusably failing to provide his probation officer with
his current address.
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.
Id. In deciding whether to allow counsel to withdraw
from appellate representation, the test is not whether
counsel thinks the circuit court committed no reversible
error, but whether the points to be raised on appeal would be
wholly frivolous. Williams v. State, 2013 Ark. App.
case, counsel asserts that the circuit court was correct in
its ruling that Perkins was in violation of the terms of his
probation. We agree; the circuit court heard sufficient
evidence to find by a preponderance of the evidence that
Perkins had ...