McClain v. State, CR–15–687
Decision Date | 13 April 2016 |
Docket Number | No. CR–15–687,CR–15–687 |
Citation | 489 S.W.3d 179,2016 Ark. App. 205 |
Parties | James Lee McClain, Appellant v. State of Arkansas, Appellee |
Court | Arkansas Court of Appeals |
David Hogue, for appellant.
Leslie Rutledge, Att'y Gen., by: Jake H. Jones, Ass't Att'y Gen., for appellee.
James McClain appeals the May 7, 2015 revocation of his probation. As his sole point of appeal, he challenges the sufficiency of the evidence supporting the revocation. We affirm.
On February 22, 2011, McClain was charged with felony nonsupport in Case No. CR2011–212–1. He entered a guilty plea to one count of nonsupport and was sentenced to 120 months of supervised probation. He was subsequently charged with the offense of second-degree battery in Case No. CR2013–1606–1; he entered guilty pleas, both to the battery charge (CR2013–1606–1) and to a petition to revoke the probation he had received in the nonsupport case (CR2011–212–1). By sentencing order entered on December 4, 2013, on revocation of the felony nonsupport offense, he received 120 months of suspended imposition of sentence, and on the second-degree battery offense, he received 72 months' probation. Both his suspended sentence and probation included in the terms and conditions that he commit no new violations of the law.
On March 27, 2015, the State filed a petition to revoke in both cases, alleging McClain had violated the terms and conditions of his suspended sentence and probation by failing to appear for trial in Washington County, Arkansas, and by being convicted of one felony offense and three misdemeanor criminal offenses in the State of Oregon.
At the May 6, 2015 revocation hearing, the State introduced evidence that McClain had failed to appear as ordered for a trial in Washington County, Arkansas, on July 7, 2014, and evidence showing that McClain had been convicted of four offenses in Lane County, Oregon.
McClain then testified he had a medical condition that often required hospitalization and that he was in the hospital in Springdale, Arkansas, on July 7, 2014, when he was supposed to be in court. He claimed he called the court from the hospital to tell someone he would not be able to make it. He further testified he had appealed the Oregon convictions and they were still pending. McClain did not introduce any other evidence to support his own testimony.
Following the hearing, the trial court concluded McClain had violated the terms of his probation and his suspended sentence by committing new criminal offenses and by failing to appear for court. The trial court explained in pertinent part.
The trial court revoked both McClain's probation and suspended sentence and sentenced him to six years on the second-degree battery and ten years on the nonsupport, to be served concurrently in the Arkansas Department of...
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...court’s decision will not be reversed unless its findings are clearly against the preponderance of the evidence. McClain v. State , 2016 Ark. App. 205, at 3, 489 S.W.3d 179, 181. Appellate courts review the sufficiency of the evidence supporting revocation by viewing the evidence in the lig......
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