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APPEAL
FROM THE BENTON COUNTY CIRCUIT COURT [NOS. 04CR-17-1369 &
04CR-16-2161], HONORABLE BRAD KARREN, JUDGE
Scholl
Law Firm, P.L.L.C., Little Rock, by: Scott A. Scholl, for
appellant.
Leslie
Rutledge, Atty Gen., by: Rebecca Kane, Asst Atty Gen., for
appellee.
OPINION
RITA W.
GRUBER, Chief Judge
Appellant Brandon Michael Clark appeals from an order
revoking his probationary sentences and sentencing him to an
aggregate of twenty years imprisonment, followed by two
years suspended imposition of sentence. On appeal, he argues
that the evidence is insufficient to support the revocation
and that the sentences imposed by the circuit court were so
unduly harsh that the sentences constituted an abuse of
discretion. We affirm.
On
April 25, 2017, appellant entered a negotiated guilty plea to
aggravated assault on a family member and first-degree
terroristic threatening in case No. 2016-2161, both Class D
felonies. The victim of the offenses was appellants mother,
Linda Kellems. Appellant was sentenced to four years
probation for each offense, and numerous other charges were
nolle prossed. He was ordered to pay court costs and fines,
as well as abide by the conditions of probation. In addition,
a no-contact order with his mother was modified to a
no-violence order.
The
State filed a petition to revoke his probation on May 3,
2018, alleging that appellant committed the offense of
aggravated assault of a family member on July 18, 2017. On
May 3, 2018, appellant entered a negotiated plea of guilty to
second-degree domestic battery and aggravated assault of a
family member in case No. 2017-1369, Class D and C felonies
respectively. He was sentenced to six years probation for
each offense. In addition, appellant entered a negotiated
guilty plea in the revocation case, and the court extended
his probation by two years for both offenses in
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case No. 2016-2161. The sentencing order entered May 9, 2018,
included a condition that appellant have no contact with
Linda Kellems.
On
July 31, 2018, the State filed a petition to revoke
appellants probation in cases Nos. 2016-2161 and 2017-1369,
alleging that he violated the conditions of his probation.
Specifically the State alleged that appellant (1) failed to
report to his supervising officer after being released from
incarceration; (2) left the state without permission of his
supervising officer; (3) failed to pay fines, fees, and costs
as ordered by the court; (4) failed to report changes of
residence to his supervising officer; (5) committed the
offense of third-degree domestic battery on or about July 29,
2018; (6) violated the no-contact order on or about July 30,
2018; and (7) consumed alcoholic beverages on or about July
29, 2018.
A
revocation hearing took place on September 11, 2018. Matthew
Jenkins, appellants probation officer, testified that
appellant failed to report after being released from
incarceration, traveled outside the state without permission,
failed to report his change of address, violated the
no-contact order, and consumed alcoholic beverages. Bella
Vista police officer Cole Byers testified that he reported to
an incident at Linda Kellemss home on July 29, 2018, where
appellant was present and appeared to be intoxicated. The
State also introduced surveillance videos from Kellemss
neighbor, which showed appellant at Kellemss home on July
29.
Appellant testified at the hearing and admitted that he
failed to report to his probation officer after his release
from incarceration, failed to report his change of residence,
and consumed alcohol. While he also admitted traveling across
the state line, not paying fines and fees, and violating the
no-contact order, he claimed that the violations were
excusable. He explained that his probation officer told him
he could travel across the state line for work, gas, and
groceries, that he was going to assist his mother, and that
the 120-day grace period for paying the fines had yet to
expire.
Following the hearing, the court found that the State had met
its burden of proof on all counts except the failure to pay
fines. In addition, the court granted the States motion to
dismiss count five— the third-degree domestic-battery
allegation. The sentencing order entered on September 18,
2018, reflects that appellant was sentenced to ten years
imprisonment for second-degree domestic battery and six
years imprisonment for aggravated assault on a family member
in case No. 2017-1369, as well as four years imprisonment to
be followed by two years SIS for aggravated assault of a
...