Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Joseph v. State

Court of Appeals of Arkansas, Division IV

May 15, 2019

Ahmad JOSEPH, Appellant
v.
STATE of Arkansas, Appellee

Page 56

          APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT [NOS. 17CR-08-43, 17CR09-448], HONORABLE MICHAEL MEDLOCK, JUDGE

          Lisa-Marie Norris, for appellant.

         Leslie Rutledge, Att’y Gen., by: Karen Virginia Wallace, Ass’t Att’y Gen., for appellee.

         OPINION

         KENNETH S. HIXSON, Judge

Page 57

          Appellant Ahmad Joseph pleaded guilty to theft by receiving on March 27, 2008, and was sentenced to one and a half years in prison followed by an eight-and-a-half-year suspended imposition of sentence (SIS). Ahmad’s SIS was conditioned on him paying $ 800 in restitution at a rate of $ 50 per month beginning sixty days after his release. On June 30, 2010, Ahmad pleaded guilty to residential burglary, theft of property, and forgery, and was sentenced to seven years in prison followed by a ten-year SIS. In that case, Ahmad’s SIS was conditioned on him paying $ 1492 in restitution at a rate of $ 50 per month beginning sixty days after his release.

          On October 12, 2017, the State filed a petition to revoke Ahmad’s suspensions based on its allegation that Ahmad had violated his conditions by failing to pay restitution as ordered. The State alleged that there was an unpaid balance of $ 495 with respect to the first SIS, and that Ahmad had paid nothing toward the $ 1492 restitution with respect to the second SIS. After a hearing held on June 1, 2018, the trial court found that Ahmad had violated his conditions. On June 25, 2018, the trial court entered a sentencing order revoking each SIS and sentencing Ahmad to concurrent prison terms of two years followed by a six-year SIS.

          Ahmad now appeals, arguing that the trial court erred in finding that he inexcusably failed to comply with a condition of his suspensions. Specifically, Ahmad contends that the revocation should be reversed because his failure to pay restitution was not willful.

          In order to revoke a suspended imposition of sentence, the trial court must find by a preponderance of the evidence that the defendant has inexcusably violated a condition of the suspension. Springs v. State, 2017 Ark.App. 364, 525 S.W.3d 490. The State has the burden of proof by the preponderance of the evidence but need only prove one violation. Upshaw v. State, 2013 Ark.App. 41, 2013 WL 362697. We will not reverse the trial court’s decision unless it is clearly against the preponderance of the evidence. Id.

          Janice Gilbreath collects payments and keeps records for the Crawford County prosecutor’s office. Ms. Gilbreath has a file for Ahmad for both the 2008 and 2010 cases. With respect to the 2008 case for which Ahmad was ordered to pay $ 800 in restitution, Ms. Gilbreath stated that Ahmad had made some payments in 2009. Ahmad paid $ 50 in January; $ 50 in February; $ 80 in March; $ 50 in June; and $ 75 in September 2009. However, Ahmad had made no payments from 2009 through October 2017 when the State filed its petition to revoke. After the petition to revoke was filed, four $ 25 payments were made in November 2017, December 2017, March 2018, and April 2018. The State introduced a ledger reflecting each of these payments and a balance due of $ 395 for the 2008 case. With respect to the 2010 case, Ms. Gilbreath testified that none of the $ 1492 in court-ordered restitution had been paid. The State introduced a ledger for the 2010 case showing zero payments.

          Ahmad testified that he and his mother made the payments that were made between January and September 2009. Ahmad stated that, at that time, he was living in New Orleans, Louisiana and working as a dishwasher at a restaurant. Ahmad indicated

Page 58

that, after that, he spent periods of time incarcerated, during which he obtained his GED. He stated that he was incarcerated in New Orleans in 2010 and then in Arkansas from 2010 to 2011. Ahmad indicated that, after being released from incarceration in Arkansas, he went back to New Orleans and was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.