FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CR-15-1703],
HONORABLE BRADLEY LEWIS KARREN, JUDGE
M. "Robby" Golden, for appellant.
Rutledge, Atty Gen., by: Jacob H. Jones, Asst Atty Gen.,
J. GLADWIN, Judge
Benton County Circuit Court revoked Anastasia Turners
probation. She appeals the revocation order and argues that
the evidence was insufficient. We affirm.
2016, Turner entered into a plea agreement wherein the State
dismissed case number 2010-1232-2(B) and accepted Turners
guilty plea in case number 2015-1702-2 for residential
burglary and second-degree assault. The circuit court adopted
the agreement. Turner was sentenced to seven years
supervised probation and ordered to pay $1,695 in fines,
fees, and costs payable at the rate of $50 a month, plus a $5
collection fee each month. She was to have no contact with
Maggie Porch and was ordered to complete 365 days in a
community-corrections center with credit for nineteen days
served. The sentencing order was filed June 7, 2016, and
amended June 9 and 20.
State filed a petition to revoke Turners probation on May
15, 2018, alleging that she had violated the conditions of
her probation because she (1) failed to report as directed on
September 1, 2017, and January 29, 2018; (2) associated with
convicted felons on September 14, 2017; (3) failed to report
her change of address; (4) failed to pay supervision fees,
having a balance of $150; and (5) failed to pay fines, fees,
and restitution as ordered.
September 11, 2018 revocation hearing, Matthew Jenkins, an
employee with Arkansas Community Correction, testified on
behalf of Officer Ruendi Sierra, Turners supervisor who was
unavailable to testify. Jenkins said that Officer Sierras
notes reflect that Turner had reported for eight months, but
she did not report for the four months "when she
absconded." There were no drug tests, communications, or
information about where she was or what she was doing between
September 1, 2017, and January 29, 2018. He said that she had
associated with known felons on September 14, 2017. He said
that Officer Sierra had noted many times he had told Turner
not to "hang out with a certain individual." He
said that Officer Sierra had multiple visits when "she
was at the [the felons] residence." He said that one
rule of probation is that the probationer must not associate
with felons. He also said that Officer Sierra had told Turner
that she could not live at an address with other felons, and
she did not provide any new address. He said that Turner owed
$220 in supervision fees. The State introduced an exhibit
reflecting that Turner owed $3,480 in court costs and fees,
and it was admitted without objection.
State rested, the defense rested, and the State offered no
witnesses in rebuttal. The State then argued that Turner
previously had been on probation, that she had numerous
arrests, and that she had appeared in the same circuit court
the day before on a new charge for drug paraphernalia. The
State asserted that because of her failure to report and her
association with other felons, she should not continue on
Instead of making an argument to the circuit court at that
time, defense counsel called Turner to the stand. She
testified that the felon with whom she had been associating
was Ryan Garza, her former fiancé, who was on parole.
Turner said that she did not report to her probation
supervisor at the end of 2017. She said that she got
"into drugs" and that when she was arrested, she
asked for help from her probation officer and was put on a
waiting list to get assessed. Turner said that she had been
living with Ryan Garza but had moved back to her mothers
house and that she thought Officer Sierra knew where she was.
She said that there had not been a home visit for her at Ryan
Garzas house— the visit was for him. She explained
that her charges for residential burglary and assault were
from an incident when she had found a former boyfriend in bed
with another woman— she had not intended to rob him;
she broke in because she was mad, and she got into a fight.
She said that if she were put back on probation, she would
have a job and plenty of support from her family and friends.
On cross-examination, Turner said that she had not reported
during her probation because she "felt scared and got
lost in [her] addiction."
closing argument, the State asked that Turner be sentenced to
the Arkansas Department of Correction (ADC) with judicial
transfer to a community-corrections facility for a term of
six years, with fourteen years suspended. Turners defense
counsel argued that she needed some help with her drug
circuit court found that Turner had willfully failed to
comply with her probation terms. She was sentenced to six
years in the ADC with judicial transfer to a
community-corrections facility, an additional fourteen years
suspended imposition of sentence, and was ordered ...