ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-13-688
Opinion Delivered June 4, 2014
MONICA RENEA MAY APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-11-782]
V.
HONORABLE RALPH WILSON, JR.
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION GRANTED
KENNETH S. HIXSON, Judge
Appellant Monica Renea May pleaded guilty to Class C felony possession of a
controlled substance on August 30, 2011, and she was placed on four years’ probation. On
January 23, 2012, the State filed a petition to revoke Ms. May’s probation, alleging multiple
violations including failure to pay fines and costs, and failure to report to probation as
directed. After a hearing, the trial court entered an order on May 13, 2013, revoking
appellant’s probation and sentencing her to three years in prison followed by a three-year
suspended imposition of sentence. Ms. May now appeals from her revocation, and we affirm.
Pursuant to Anders v. California,
(1967), and Rule 4-3(k)(1) of the
Rules of the Arkansas Supreme Court, appellant’s counsel has filed a motion to withdraw
on the grounds that the appeal is wholly without merit. Ms. May’s counsel’s motion was
accompanied by a brief discussing all matters in the record that might arguably support an
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appeal, including any objections and motions made by appellant and denied by the trial court,
and a statement of the reason each point raised cannot arguably support an appeal. Ms. May
was provided a copy of her counsel’s brief and notified of her right to file a list of pro se points
for reversal, but she has not filed any points.
Ms. May’s conditions of probation required her to pay $1395 in fines and costs at a rate
of $50 per month beginning on October 10, 2011. A ledger sheet was admitted into evidence
showing that Ms. May had paid nothing toward her fines and costs. Amy Peyton, the
collector of fines and costs for the Crittenden County Sheriff’s Office, confirmed in her
testimony that Ms. May had made no payments, and she stated she had never heard from
Ms. May.
Ms. May’s conditions also required her to report to probation as directed. Mary
Marshall, appellant’s probation officer, testified that Ms. May failed to report for her initial
probation intake, and that despite numerous attempts to contact Ms. May, she never reported
to probation at any time.
Ms. May testified that she had earned her GED, and that she had worked in the fast
food and motel businesses. Ms. May acknowledged that she had an obligation to pay her fines
and costs and to report to her probation officer, and she offered no excuse for her failure to
comply.
Arkansas Code Annotated section 16-93-308(d) (Supp. 2013) provides that, if a court
finds by a preponderance of the evidence that the defendant has inexcusably failed to comply
with a condition of her probation, the court may revoke the probation at any time prior to
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the expiration of the probation. On appeal, the trial court’s decision will not be reversed
unless it is clearly against the preponderance of the evidence. Cohen v. State,
.
In the present appeal, Ms. May’s counsel accurately asserts that the sole adverse ruling
was the trial court’s decision to revoke appellant’s probation. Appellant’s counsel further
asserts that there can be no meritorious challenge to the sufficiency of the evidence supporting
revocation. The State clearly demonstrated that Ms. May failed to pay fines and fees, and that
she failed to report to probation as directed. Ms. May provided no reasonable excuse for her
failure to comply with her conditions, and the trial court’s decision to revoke her probation
was not clearly against the preponderance of the evidence.
Based on our review of the record and the brief presented, we conclude that there has
been compliance with Rule 4-3(k)(1) and that this appeal is without merit. Consequently,
appellant’s counsel’s motion to be relieved is granted and the judgment is affirmed.
Affirmed; motion granted.
PITTMAN and WOOD, JJ., agree.
C. Brian Williams, for appellant.
No response.
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