FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [N.
1 JCR-09-694], HONORABLE DAVID N. LASER, JUDGE
Goodwin Jones, for appellant.
Rutledge, Atty Gen., by: David L. Eanes, Jr., Asst Atty
Gen., for appellee.
J. GLADWIN, Judge
Appellant Steven Anthony Straub appeals from an order of the
Craighead County Circuit Court revoking his probation. On
appeal, Straub challenges the sufficiency of the evidence
supporting the October 5, 2018 revocation. We affirm.
March 29, 2012, Straub pleaded guilty to criminal mischief
and breaking or entering in Craighead County Circuit Court
No. 16JCR 2009-694, for which he
received a suspended sentence. A petition for revocation was
filed on May 15, 2013, and Straub pleaded guilty to
nonpayment, failure to report, and departing the state
without permission and was resentenced to sixty months
probation on July 31, 2014. An order setting out the
conditions of Straubs probation was filed of record that
January 7, 2016, the State petitioned to revoke Straubs
probation on the basis of pending criminal charges in
Louisiana, as well as for leaving Arkansas without permission
and failing to pay court-ordered fines and restitution. The
petition was amended on September 25, 2018, to add an
additional basis for revocation— the failure to lead a
law-abiding life because of a new charge of theft by
hearing on October 5, 2018, the State announced it would not
be pursuing revocation on the pending criminal charges in
Louisiana but would continue to pursue revocation on the
other grounds alleged. Evidence was submitted, and witness
testimony was taken by both parties at the hearing.
Sain, Straubs probation officer, explained that she
"inherited" Straubs case from two previous
probation officers. She testified to having a record of
Straubs meeting with his prior supervising officer in 2014,
but she could not find any documentation of a probation
transfer to Louisiana. Sain had documentation of a request to
transfer Straubs probation to Louisiana in 2012, but she
testified from her case file and had no independent knowledge
of the situation. Sain also testified about Straubs payment
history, stating that Straub was delinquent in his payments
of fines, fees, and costs.
Carey testified that she had hired Straub to help her move
several items into her house, only to realize the next day
that her house had been burglarized and that many personal
items had been stolen, including a distinctive bag and
several pieces of jewelry. Carey described the bag as very
distinctive because it was a zippered silver bag with several
different compartments. She further ...