APPEAL
FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT
[NO. 16 JCR-09-694] HONORABLE DAVID N. LASER, JUDGE
Terry
Goodwin Jones, for appellant.
Leslie
Rutledge, Att'y Gen., by: David L. Eanes, Jr., Ass't
Att'y Gen., for appellee
ROBERT
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.
I.
Facts
On
March 29, 2012, Straub pleaded guilty to criminal mischief
and breaking or entering in Craighead County Circuit Court
No. 16JCR 2009-694, [1] 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 Straub's probation
was filed of record that same date.
On
January 7, 2016, the State petitioned to revoke Straub's
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
receiving (jewelry).
At the
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.
Kayla
Sain, Straub's probation officer, explained that she
"inherited" Straub's case from two previous
probation officers. She testified to having a record of
Straub's 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 Straub's probation to Louisiana in 2012, but she
testified from her case file and had no independent knowledge
of the situation. Sain also testified about Straub's
payment history, stating that Straub was delinquent in his
payments of fines, fees, and costs.
Martha
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 testified that she was
shown pictures of jewelry by police officers that she
identified as belonging to her.
Detective
Jacob Daffron explained that he was the detective assigned to
the burglary. He testified that he found the bag and some of
the jewelry in question at the home of Enano Goza and Sabrina
Quirrels, a residence where Straub admitted staying.
Ms.
Quirrels testified next, explaining that Straub had been
staying at her house and that he had given her some jewelry
to pawn. Mr. Goza testified next and stated that he had
pawned some jewelry given to him by Straub and, by doing so,
was subsequently convicted of theft by receiving. The State
then rested its case-in-chief.
Straub
testified on his own behalf, and he indicated that he is not
from Arkansas and was only briefly here around the time of
his initial arrest. He testified that his prior probation
officer had authorized his return to his home state of
Louisiana. Straub stated that while he was there, he had been
homeless and unable to obtain and maintain employment due, in
part, to his status as a felon and also his lengthy
...