Sparks v. State

• Court: Arkansas Court of Appeals
• Writing for the Court: BART F. VIRDEN, JUDGE.
• Citation: Sparks v. State, 2021 Ark.App. 407, CR-21-81 (Ark. App. Oct 27, 2021)
• Decision Date: 27 October 2021
• Docket Number: CR-21-81
• Parties: JIMMY WAYNE SPARKS APPELLANT v. STATE OF ARKANSAS APPELLEE

2021 Ark.App. 407

JIMMY WAYNE SPARKS APPELLANT v. STATE OF ARKANSAS APPELLEE

No. CR-21-81

Court of Appeals of Arkansas, Division II

October 27, 2021

APPEAL FROM THE POINSETT COUNTY CIRCUIT COURT [NO. 56CR-16-224] HONORABLE KEITH L. CHRESTMAN, JUDGE

Presley Hager Turner, for appellant.

Leslie Rutledge, Att'y Gen., by: Kent G. Holt, Ass't Att'y Gen., for appellee.

BART F. VIRDEN, JUDGE.

Jimmy Wayne Sparks appeals the Poinsett County Circuit Court's revocation of his probation. We affirm.

On September 2, 2016, Sparks pleaded guilty to possession of drug paraphernalia, a Class C felony (56CR-16-224). He was sentenced to sixty months' probation; fined $1000; and assessed $345 in court costs, $250 for the public defender fee, and $250 for a DNA fee for a total of $1845. Additionally, Sparks was assessed two $5 monthly fees related to Act 1262 and Act 1138. Provision 17 of the terms of Sparks's probation required him to pay $35 a month toward the supervision fee, and provision 18 provided that he make monthly payments of $50 toward the fine, court costs, and other fees.

The State filed a petition to revoke Sparks's probation on December 6, 2019, asserting that Sparks had committed a new criminal offense (possession of a controlled substance) was delinquent in the amount of $110 regarding his supervision fees, and failed to pay "any" fines costs, and fees as ordered.^[1]

On August 7, 2020, the circuit court held a revocation hearing. At the hearing, Kristy Robertson, Sparks's parole officer, testified that Sparks was $110 in arrears on his supervision fees when the petition was filed, and on the day of trial, Sparks was $290 in arrears. Robertson explained that her knowledge of Sparks's fee payment was based on a phone call she made to Lesa McClard at the fines department who told her the amount of Sparks's balance and that he had not made any payments. Sparks's counsel objected to Robertson's testimony regarding Lesa McClard's statements to her, arguing that it violated the confrontation clause, and the court sustained the objection.

Lesa McClard, the fines and fees clerk for Poinsett County testified that she keeps track of the money owed by defendants, and though Sparks had made some payments toward his fines, fees, and court costs, Sparks owed $1340.

Sparks moved for a directed verdict, asserting in pertinent part that the petition for revocation provides that Sparks had failed to make any court-ordered payments to the Poinsett County Sheriff's Office, and in contrast, McClard testified that his balance due was $1340-not that he was delinquent or in any other way violated the terms of his probation.^[2] The circuit court denied the motion as to the nonpayment of fines. The court found that McClard testified that Sparks was $1340 in arrears regarding the court-ordered payment of fines, fees, and court costs, and Sparks did not offer an explanation regarding his nonpayment. The court also stated that Robertson testified that Sparks had not paid the supervision fee as ordered, and he owed $290 toward this fee. The circuit court revoked Sparks's probation and sentenced him to thirty-six months' imprisonment in the Arkansas Department of Correction. Sparks timely filed his notice of appeal.

On appeal, Sparks asserts that the evidence presented was insufficient to support the court's finding that he failed to make any payments on his supervision fees and fines. His argument is not well-taken.

In order to revoke probation or a suspended imposition of sentence, the circuit court must find by a preponderance of the evidence that the defendant has inexcusably violated a condition of the probation or suspension. Springs v. State, 2017 Ark.App. 364, 525 S.W.3d 490. To sustain a revocation, the State need only show that the defendant committed one violation. Id. We will not reverse the circuit court's findings unless they are clearly against the preponderance of the evidence. Id. Evidence that would not support a criminal conviction in the first instance may be enough to revoke probation or a suspended sentence. Id. Determining whether a preponderance of the evidence exists turns on questions of credibility and weight to be given to the testimony. Id. This court reviews the sufficiency of the evidence supporting revocation in the light most favorable to the State. Id.

If the alleged violation involves the failure to pay court-ordered fines and costs, the court may revoke the suspended sentence if it finds the defendant has failed to make a good-faith effort to pay the obligation. London v. State, 2017 Ark.App. 585, at 3, 534 S.W.3d 758, 760. While the State has the burden of proving that the failure to pay is inexcusable once ...