FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17CR-16-50]
HONORABLE MICHAEL MEDLOCK, JUDGE.
Lisa-Marie Norris, for appellant.
Rutledge, Att'y Gen., by: Brad Newman, Ass't
Att'y Gen., for appellee.
F. VIRDEN, JUDGE.
Crawford County Circuit Court revoked appellant Joseph
Makinson's suspended imposition of sentence (SIS) upon
finding that he had violated the terms and conditions of his
suspended sentence by failing to pay child support,
restitution, a fine, costs, and fees. He was sentenced to
serve six months in the county jail. Makinson argues that the
trial court erred in revoking his suspended sentence because
his failure to make payments was not willful. We affirm as
10, 2016, Makinson pleaded guilty to nonsupport, a Class A
misdemeanor, received a one-year SIS, and was ordered to pay
$1, 000 in restitution, along with a fine, costs, and fees.
He was also ordered to resume paying child support as
previously ordered in Case No. 17DR-08-46 as a term or
condition of his SIS.
August 8, 2016, the State filed a petition to revoke,
alleging that Makinson had failed to make any payments toward
his restitution, fine, costs, and fees, leaving a balance of
$1, 490. The State also alleged that Makinson had made no
child-support payments since April 7, 2016.
1, 2017, the trial court found Makinson guilty of violating
the terms and conditions of his SIS, revoked his SIS,
sentenced him to serve six months in the county jail followed
by a six-month SIS, and ordered him to pay his restitution,
fine, costs, and fees to the Crawford County Prosecuting
Attorney's Office in installments of $65 a month
beginning sixty days after his release from jail. Makinson
was also ordered to resume paying child support as previously
ordered in Case No. 17DR-08-46.
August 17, 2017, the State filed another petition to revoke,
alleging that Makinson had been released from jail on May 18,
2017, but that he had made no payments toward his
restitution, fine, costs, and fees and that he had made only
one child-support payment of $40 in June 2017, leaving an
arrearage of $5, 870.41. A hearing on the State's
petition was held January 31, 2018.
Davis, an employee of the Office of Child Support
Enforcement, testified that, from January 2017 to August
2017, Makinson had made only one payment of $40 and that he
had made two similar payments in 2016. She said that the
current child-support arrearages were $11, 412.51.
Whetstine, the fine and restitution coordinator for the
prosecuting attorney's office, testified that Makinson
had made no payments toward his restitution, fine, costs, and
fees, leaving a balance of $1, 490.
testified that he works at Sonic and that his
"take-home" pay is about $180 to $200 every two
weeks. Makinson testified that he lives in a homeless
community in Fayetteville. He said that the police had
ordered him and others to leave the area several times and
finally destroyed their tents. He said that he had to buy a
new tent and "start all over again." Makinson
testified that his money was spent supporting himself and
"anyone who wanted to eat at camp." He also said
that both Crawford and Sebastian Counties were taking child
support out of his paycheck and that he had contacted his
ex-wives who said that they had been receiving child support
every two weeks. Makinson acknowledged that he had been
ordered to begin making payments on his restitution, fine,
costs, and fees sixty days after he was released from jail,
which he thought was the end of May or first of June. On
cross-examination, he conceded that he had been released on
May 18, 2017, meaning that he should have begun making
payments on July 18, 2017. According to Makinson, he had
called the prosecutor's office on August 1, 2017, to find
out when his payment was ...