King v. State, CR–15–801

• Decision Date: 25 May 2016
• Docket Number: No. CR–15–801,CR–15–801
• Citation: 2016 Ark. App. 292,494 S.W.3d 463
• Parties: Joshua C. King, Appellant v. State of Arkansas, Appellee
• Court: Arkansas Court of Appeals

2016 Ark. App. 292

494 S.W.3d 463

Joshua C. King, Appellant

v.State of Arkansas, Appellee

No. CR–15–801

Court of Appeals of Arkansas, DIVISION I.

Opinion Delivered May 25, 2016

Cross, Gunter, Witherspoon & Galchus, P.C., by: Misty Wilson Borkowski, Little Rock, for appellant.

Leslie Rutledge, Att'y Gen., Little Rock by: Evelyn D. Gomez, Ass't Att'y Gen., for appellee.

CLIFF HOOFMAN

, Judge

Appellant Joshua Caleb King appeals from the revocation of his probation in case nos. CR–2013–910 and CR–2013–940, for which he received a total of twenty years' imprisonment. On appeal, King argues that there was insufficient evidence to support the revocation. We affirm.

On January 15, 2014, King entered a negotiated plea of guilty in case number CR–2013–910 to possession of a controlled substance (psilocybin) with intent to deliver, possession of a controlled substance (marijuana) with intent to deliver, and possession of drug paraphernalia. In case number CR–2013–940, King pled guilty to the offense of failure to appear. He was sentenced to a total of 120 months' probation, and he received a $1000 fine, plus court costs and fees. He was also ordered to serve nine months in the Community Corrections Center (CCC) as a condition of his probation. Other conditions of King's probation required that he not commit a criminal offense punishable by imprisonment; that he remain on good behavior; that he not drink or possess intoxicating or alcoholic beverages; that he submit to any nonresidential programs deemed necessary by his supervising officer; that he participate in any community-based programs (such as Narcotics Anonymous (NA) or Alcoholics Anonymous (AA)) deemed necessary by his supervising officer; that he pay his fines, fees, and court costs in monthly installments of $100 beginning on February 15, 2014; and that he pay his monthly probation fees.

On March 31, 2015, the State filed a petition to revoke King's probation, alleging that he had failed to remain on good behavior when he committed the new offenses of domestic battery in the third degree and assault on a household or family member on or about November 8, 2014. The State also alleged that King had violated the terms of his probation by using alcohol, by failing to show up for his scheduled substance-abuse assessment, by failing to attend AA or Celebrate Recovery (CR) meetings, and by being in arrears on his court-ordered financial obligations.

At the revocation hearing held on April 6, 2015, King's probation officer, Chrissy Duncan, testified that King had been released from CCC on May 28, 2014, and that his intake appointment was on June 2, 2014. She explained the conditions of his probation to him at that time. Duncan testified that King subsequently violated the conditions by admitting that he had used alcohol in September, October, and November 2014. In addition, although Duncan had ordered King to attend a substance-abuse assessment in order to address his issues with alcohol, he failed to attend the assessment that was scheduled for October 30, 2014. She indicated that King had reported to the probation office on October 30; however, she was not in the office, and he left without signing in to see the substance-abuse counselor. When Duncan questioned King about missing the assessment, King told her that he had forgotten about it. Duncan had also instructed King to attend two AA and CR meetings per week until he had either obtained full-time employment or undergone the substance-abuse assessment. She stated that King did not attend the meetings as ordered because he indicated that he had social anxiety. Duncan testified that she had rescheduled the substance-abuse assessment for November 24, 2014, but that King was then arrested on new charges on November 8, 2014.

Corporal Andrew Hudgens with the Washington County Sheriff's Office testified that he was dispatched to King's residence on November 8, 2014, for a domestic-disturbance call. Video and audio from Hudgens's patrol car, as well as audio from his body microphone from that night, were played at the hearing over the objection of King. Hudgens testified that King's father, who had called the police, had a busted lip and red marks on his face from his altercation with King. Hudgens stated that King was uncooperative and “appeared to be under the influence of something.” King admitted to Hudgens that he had been in a physical fight with his father. Hudgens testified that he determined from his investigation that King was the primary aggressor, and King was arrested and charged with third-degree domestic battery and assault.

Norma Preston, the deputy circuit clerk for Washington County, testified that King was in arrears on his court-ordered fines, fees, and costs. She indicated that he had made two payments of $110 each toward his obligations and that his last payment was on August 6, 2014. Preston stated that the total amount past due was $1,330.

At the conclusion of the hearing, the circuit court found by a preponderance of the evidence that King had violated the terms and conditions of his probation by inexcusably failing to pay his court-ordered financial obligations, by failing to attend AA and CR meetings, by not attending his scheduled substance-abuse assessment, by consuming...