Court of Appeals

Decision Information

Decision Content

Cite as 2013 Ark. App. 159 ARKANSAS COURT OF APPEALS DIVISION I No. CACR12-775 DEVARIOUS MOORE Opinion Delivered March 6, 2013 APPELLANT APPEAL FROM THE CRITTENDEN V. COUNTY CIRCUIT COURT [NO. CR-2005-269A] STATE OF ARKANSAS HONORABLE RANDY APPELLEE PHILHOURS, JUDGE AFFIRMED RITA W. GRUBER, Judge On May 5, 2005, Devarious Moore pleaded guilty to selling or delivering a controlled substance and was sentenced to 120 months suspended imposition of sentence (SIS). On April 4, 2012, the State filed a petition to revoke, alleging that Moore had violated various conditions of the suspension. After conducting a revocation hearing, the Circuit Court of Crittenden County revoked Moores SIS and sentenced him to 300 months imprisonment in the Arkansas Department of Correction. Moore now appeals. He contends that the circuit court erred in denying his motion for directed verdict. We affirm. In order to revoke suspension or probation, the trial court must find by a preponderance of the evidence that the defendant inexcusably violated a condition of the suspension or probation. Ark. Code Ann. § 16-93-308(d) (Supp. 2011). The State need only prove that the defendant committed one violation of the conditions. Hill v. State, 2012 Ark.
Cite as 2013 Ark. App. 159 App. 493. We will reverse a revocation only if the trial courts findings are clearly against the preponderance of the evidence; in determining where the preponderance of the evidence lies, we defer to the trial courts superior opportunity to assess the credibility of witnesses. Id. The conditions of Moores SIS included requirements that he pay previously ordered fines and court costs, promptly notify the probation officer and sheriff of any change of address or employment, not violate any laws, and not use or possess marijuana. The State alleged in its petition to revoke that Moore had failed to pay costs and fees as directed, failed to notify the sheriff of current address and employment, committed first-degree domestic battering and kidnapping, possessed a controlled substance with the purpose to deliver, and possessed and used marijuana. At the conclusion of the evidence in the revocation hearing, the circuit court denied Moores motions for a directed verdict on felony charges of kidnapping and possessing a controlled substance with the purpose to deliver. The court then found by a preponderance of the evidence that Moore had violated conditions of his SIS by testing positive for marijuana, never paying on the money owed, and possessing marijuana. Moores arguments on appeal challenge only the circuit courts denial of his directed-verdict motion on kidnapping and possessing with the purpose to deliver. He does not challenge the findings that he tested positive for marijuana, failed to pay as previously ordered, and possessed marijuana. We will affirm when the appellant fails to attack the trial courts independent, alternate grounds for revoking suspension. Bovee v. State, 2011 Ark. App. 158. Because Moore did not challenge the independent, alternate grounds that were the bases of 2
Cite as 2013 Ark. App. 159 the decision to revoke, we affirm. Affirmed. PITTMAN and WHITEAKER, JJ., agree. C. Brian Williams, for appellant. Dustin McDaniel, Atty Gen., by: Karen Virginia Wallace, Asst Atty Gen., for appellee. 3
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.