FROM THE FULTON COUNTY CIRCUIT COURT [25CR-13-35] HONORABLE
TIM WEAVER, JUDGE
& Zachary, PLLC, by: Joe A. Denton, for appellant.
Rutledge, Att'y Gen., by: Michael A. Hylden, Ass't
Att'y Gen., for appellee.
J. GLADWIN, Judge.
appeal of a probation revocation in the Fulton County Circuit
Court, Matthew Arnold argues that the trial court abused its
discretion in denying his motion for continuance. We affirm.
pled guilty and was convicted on March 18, 2014, of
possession of methamphetamine, possession of drug
paraphernalia, and theft of property. He was sentenced,
concurrently, to five years' probation on each count. His
probation was subject to several conditions, including that
he not commit a criminal offense punishable by imprisonment,
that he submit to random testing for illegal substances, and
that he not use, sell, or possess any controlled substance or
associate with any person known to use or sell illegal drugs.
A special condition of his probation was that he successfully
complete the Sixteenth Judicial District Drug Court Program.
State filed a petition to revoke Arnold's probation on
September 13, 2016, alleging that Arnold had (1) tested
positive for amphetamines on July 6, 2016; (2) failed to
report to his supervising officer for drug testing as ordered
on July 14, July 23, August 5, and August 12, 2016; and (3)
failed to report to the Veterans Treatment Court as ordered
on August 18, 2016. The State alleged that Arnold's
whereabouts were unknown.
hearing on the State's revocation petition, Arnold asked
that the hearing be continued because the State had
subpoenaed Arnold's probation officer from Fayetteville,
but Arnold's counsel did not know about the subpoena
until the day before the hearing and had not talked to the
probation officer. The State responded that Arnold's
probation had been transferred to Washington County at
Arnold's request and that the officer was going to
testify about what the State pled in the petition to revoke.
Arnold, through his counsel, responded, and the following
Defense Counsel: Judge, my position on that is that there is
incorrect I mean, the petition says that he was revoked from
doing certain things. And cites Officer Morehead. There's
a reference to someone in there without a phone number or
anything like that. And it's kind of scratched through it
and has Josh Morehead on it. The phone number, I've
talked to Josh about it. But I didn't get a copy of the
subpoena. I think it's 16-43-211, says criminal
proceedings, civil procedure governs. And I think under Rule
45 I'd be entitled to receive a copy of that subpoena
before the trial.
The Court: Make him a copy and I'll let you visit with
his probation officer before we have the hearing today. I
think that's fair enough. This case is getting old. So,
what, this afternoon, 1:30. But before then [defense counsel]
will have the opportunity to visit with the Fayetteville
the trial court reconvened on the same day, defense counsel
renewed his motion, arguing, as he did previously, that he
had not had time to prepare properly and that he was entitled
to the information. The trial court denied the motion.
the hearing resumed, Joshua Morehead, probation and parole
agent for the State of Arkansas, testified that he had
supervised Arnold from March 17, to August 21, 2014, when
Arnold had been transferred to Washington/Madison County.
Morehead said that the drug court had given Arnold two
strikes for lying to the court about missing a class, failing
a drug test, using synthetic drugs, and bringing in a device
filled with urine to pass a drug test. He said that Arnold
was sanctioned and sentenced to 56 days in jail. After that,
Arnold was sent to an ACC treatment facility for 90 days then
transferred to Fayetteville.
Penquite, a probation and parole agent with Washington
County, testified that Arnold was placed in the Washington
County Drug Court on February 11, 2015, and he tested
positive for amphetamines on July 6, 2016. He said that
Arnold absconded in July 2016. Penquite testified that Arnold
failed to report to his probation officer on July 14, 2016.
He also said that Arnold had been admitted to a veterans'
treatment program within the Washington County Drug Court and
had failed the ...