Page 96
APPEAL
FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT
[NOS. 16JCR-17-796; 16JCR-17-7; 16JCR-10-377; 16JCR-09-1262],
HONORABLE PAMELA HONEYCUTT, JUDGE
Terry
Goodwin Jones, for appellant.
Leslie
Rutledge, Atty Gen., by: Christian Harris, Asst Atty Gen.,
for appellee.
OPINION
BRANDON
J. HARRISON, Judge
Gary
Webster appeals the Craighead County Circuit Courts finding
that he violated the conditions of his suspended imposition
of sentence (SIS) and probation. On appeal, he argues that
the State failed to prove that his failure to comply with the
conditions was willful. We affirm.
In
CR-09-1262, Webster was charged with failure to register as a
sex offender. In CR-10-377, Webster was again charged with
failure to register and with living near a school or a
daycare. In November 2012, he pled guilty in both cases and
received a sentence of five years SIS on each count. In
CR-17-7, Webster was once again charged with failure to
register. He pled guilty and was sentenced to six years SIS.
And finally, in CR-17-796, Webster was charged yet again with
failure to register.
In
July 2017, the State petitioned to revoke Websters probation
in CR-09-1262, CR-10-377, and CR-17-7 because he had failed
to live a law-abiding life, which had
Page 97
resulted in his arrest in CR-17-796, and because he had
failed to pay court costs as ordered. He pled guilty to the
charge in CR-17-796 and to the petition to revoke in the
other cases. In CR-17-796, he was sentenced to five years
probation; in each of the other cases, he was sentenced to
five years SIS.
In
July 2018, the State petitioned to revoke Websters probation
and SIS based on his failure to live a law-abiding life, pay
court costs, and report to his probation officer. Webster had
again been charged with failure to register (CR-18-506). In
September 2018, the State amended its petition to include a
failure to report a change of address and living within 2000
feet of a youth center or daycare facility.
The
circuit court convened a revocation hearing on 7 September
2018. Natasha Kaja, a sex-offender-registration specialist at
the Jonesboro Police Department, testified that Webster is a
Level 3 sex offender and that he had last verified his
information with her on April 13. On that day, Webster said
he was living at Econo Lodge on Phillips Drive. Kaja reminded
him that he could not live within 2000 feet of a school,
park, daycare, or youth center, which meant he could stay
only at the hotels closest to Phillips Drive and Caraway Road
in Jonesboro. Kaja next saw Webster on April 26, when he
advised her that he was moving to West Memphis, although he
did not have a new address. He again said he had been staying
at Econo Lodge, but when Kaja presented proof that he had not
been living there, he admitted that he had been staying at
Park Place Inn and at Rodeway Inn, which are both within 2000
feet of a daycare. Kaja said that Webster was arrested that
day for failure to comply with reporting. He called her on
April 30, the day he was released, and said he would be
staying at Days Inn, but she advised him that he could not
stay there because it was within 2000 feet of a daycare. He
then said he would return to Econo Lodge, and that was the
last contact Kaja had with him.
Officer Ethan Sanderlin testified that on 22 April 2018, he
responded to a welfare check at Rodeway Inn on Caraway Road
and spoke to Webster. Webster told Sanderlin that "his
time had run out at the Econo Lodge and that he was looking
for a new place to live." Webster did not have a room at
Rodeway Inn at that time.
Officer Adam Hampton testified that he spoke with Webster on
April 24 at Park Place Inn. Webster said that he had been
living at Econo Lodge but had recently been evicted. Hampton
...