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2015 Ark. App. 23
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-14-521
Opinion Delivered January 21, 2015
JEFF DAWSON APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-10-1463]
V.
HONORABLE RALPH WILSON, JR.,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION GRANTED
KENNETH S. HIXSON, Judge
Appellant Jeff Dawson pleaded guilty to residential burglary on February 14, 2011,
and he was placed on five years’ probation. On October 31, 2013, the State filed a petition
to revoke Mr. Dawson’s probation, alleging multiple violations including failure to pay fines
and costs, failure to report to his probation officer as directed, and failure to pay probation
fees. After a hearing, the trial court entered an order on April 1, 2014, revoking appellant’s
probation and sentencing him to two years in prison followed by a three-year suspended
imposition of sentence. Mr. Dawson now appeals from his revocation, and we affirm.
Pursuant to Anders v. California, 386 U.S. 738 (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. Mr. Dawson’s counsel’s motion was
accompanied by a brief discussing all matters in the record that might arguably support an
Cite as 2015 Ark. App. 23
appeal, including any objections and motions made by appellant and denied by the trial court,
and a statement of the reason why each point raised cannot arguably support an appeal. Mr.
Dawson was provided a copy of his counsel’s brief and notified of his right to file pro se points
for reversal, but he has not filed any points.
The conditions of Mr. Dawson’s probation required him to pay $1895 in fines and
costs at a rate of $50 per month. At the revocation hearing, the State introduced a ledger
sheet showing that Mr. Dawson had made no payments toward his fines and costs.
Mr. Dawson was also required to report to his probation officer as directed and pay
a $25 monthly probation fee. Mary Marshall, appellant’s probation officer, testified that
Mr. Dawson had stopped reporting and that she had not seen him in eleven months.
Ms. Marshall further testified that Mr. Dawson was $330 behind on his probation fees.
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 probation, the court may revoke the probation at any time prior to the
expiration of the probation. The State has the burden of proof but needs to prove only one
violation. Reynolds v. State, 2012 Ark. App. 705. On appeal, the trial court’s decision will
not be reversed unless it is clearly against the preponderance of the evidence. May v. State,
2014 Ark. App. 365.
The only adverse ruling in this case was the trial court’s decision to revoke appellant’s
probation, and appellant’s counsel accurately asserts that there can be no meritorious challenge
to the sufficiency of the evidence supporting revocation. The State demonstrated that
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Mr. Dawson failed to pay any of his fines or costs, despite Mr. Dawson’s testimony that he
had consistently maintained employment while on probation. The State also proved that
Mr. Dawson failed to report to his probation officer as directed, and Mr. Dawson provided
no reasonable excuse for his failure to report. Therefore, the trial court’s decision to revoke
appellant’s 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 the appeal is without merit. Consequently,
appellant’s counsel’s motion to be relieved is granted and the judgment is affirmed.
Affirmed; motion granted.
GLADWIN, C.J., and WHITEAKER, J., agree.
C. Brian Williams, for appellant.
No response.
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