Lorri O. Friar v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed the revocation of Lorri O. Friar’s probation and suspended imposition of sentence and granted appointed counsel’s motion to withdraw in a no-merit appeal. The court held that the evidence supported revocation based on a new theft-related violation and nonpayment of fines and fees, and that the twenty-year consecutive sentence was within the permissible statutory range. The court also upheld the denial of Friar’s last-minute request for new counsel.

Holdings

1. The evidence supported revocation because the State proved by a preponderance of the evidence that Friar violated conditions of her probation and suspended sentences. Proof of any one violation was sufficient to sustain the revocation, and the evidence established both the toolbox theft and nonpayment of fines and fees.
2. The circuit court did not err by ordering some of Friar's sentences to run consecutively because the sentences were within the applicable statutory ranges and Arkansas law permits consecutive sentences for multiple offenses, including sentences arising from revoked suspended impositions of sentence.
3. The circuit court did not abuse its discretion by denying Friar's last-minute request to replace her appointed counsel because she merely stated that she was dissatisfied, did not identify replacement counsel or funds to hire counsel, and did not show sufficient cause or prejudice.
4. Counsel complied with Anders and Arkansas Rule 4-3(b), and the appeal was wholly without merit; the court therefore affirmed the revocation and granted counsel's motion to withdraw.

Questions Presented

1. Whether the evidence was sufficient to support revocation of Friar's probation and suspended sentences.
2. Whether the circuit court abused its discretion by ordering Friar's sentences to run consecutively.
3. Whether the circuit court abused its discretion by denying Friar's request, made on the day of the revocation hearing, to obtain new counsel.
4. Whether counsel complied with Anders and Arkansas Rule 4-3(b) in filing a no-merit appeal and motion to withdraw.

Disposition

affirmed