FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17CR-13-148]
HONORABLE GARY COTTRELL, JUDGE
Lisa-Marie Norris, for appellant.
Rutledge, Att'y Gen., by: David L. Eanes, Jr., Ass't
Att'y Gen., for appellee.
J. GLADWIN, JUDGE
Derrick Collins appeals the revocation of his suspended
imposition of sentence (SIS) for a prior felony conviction by
the Crawford County Circuit Court. Collins argues that there
is insufficient evidence to support the most recent
revocation on a robbery charge and that there was no notice
that the petition to revoke was based on a charge of
accomplice liability. We affirm.
March 15, 2013, Collins was charged with aggravated burglary,
aggravated robbery, kidnapping, theft of property, possession
of marijuana, and possession of drug paraphernalia. He pled
guilty and was sentenced to four years of probation. On
August 6, 2015, the State filed a petition to revoke,
alleging that Collins had failed to make payments as ordered
and had failed to abide by terms and conditions of probation
by absconding. He entered a plea of guilty, and his probation
was revoked. Collins was sentenced to two years in a regional
correctional facility and eight years SIS.
August 14, 2017, the petition to revoke at issue in this
appeal was filed. The State alleged that Collins had
"committed the new offense of robbery in Sebastian
County." A hearing on the petition began on December 6,
2017, and was continued and completed on January 16, 2018.
Collins was found to have committed a robbery under an
accomplice- liability theory, and his SIS was revoked
pursuant to a sentencing order filed on January 18, 2018.
Standard of Review
to Arkansas Code Annotated section 16-93-308(d) (Supp. 2017),
a circuit court may revoke a defendant's SIS if a
preponderance of the evidence establishes the defendant
inexcusably failed to comply with a condition of the SIS.
E.g., Vangilder v. State, 2018 Ark.App.
385, 555 S.W.3d 413. The State's burden of proof in a
revocation proceeding is less than is required to convict in
a criminal trial, and evidence insufficient for a conviction
at a criminal trial may be sufficient for revocation.
Id. When the sufficiency of the evidence is
challenged on appeal from an order of revocation, the circuit
court's decision will not be reversed unless it is
clearly against a preponderance of the evidence. Id.
The appellate court defers to the circuit court's
superior position in evaluating the credibility and weight to
be given testimony. Id.
petition to revoke alleged that on or about August 3, 2017,
Collins committed the new offense of robbery in Sebastian
County and that conduct was in violation of the terms and
conditions of his SIS. Pursuant to Arkansas Code Annotated
section 5-12-102(a) (Repl. 2013), "[a] person commits
robbery if, with the purpose of committing a felony or
misdemeanor theft or resisting apprehension immediately after
committing a felony or misdemeanor theft, the person employs
or threatens to immediately employ physical force upon
evidence presented was that the victim-Landon Silva-was lured
into an SUV that Collins was driving. It is undisputed that
four people other than Collins were in the SUV when Silva
joined them. One person, Quentin Maroney, got in the back
trunk or cargo area and partially hid. Silva testified that
he knew someone was behind him when he got in the SUV but
that he did not know who it was. He testified that someone
hit him from behind with a pole and that is all he remembers
until he awoke on the side of the road with none of his
personal effects-with more than $2000, marijuana, his cell
phone, keys, and $80 Nike shoes having been stolen. It is
undisputed that Collins was driving the SUV. Accordingly, he
claims that he could not have been the person who hit Silva
from behind with the pole. Also, Collins notes that no
evidence was presented that he ever touched Silva.
the other passengers in Collins's SUV, Sam Shaw,
testified at the revocation hearing that Collins drove them
to a local gas station where they picked up Shaw's
brother, Maroney, and three others. Discussing his plan and
directing the others from the back seat of Collins's SUV,
Maroney directed Shaw to contact a local drug dealer, Silva,
to arrange to buy marijuana. Shaw noted that Collins
previously had driven them to buy marijuana from Silva on