Dylan Nelson v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed the revocation of Dylan Nelson’s probation and his sentence of 120 months in the Arkansas Division of Correction. The court held that the State proved by a preponderance of the evidence that Nelson inexcusably failed to pay probation-supervision fees, and it also concluded that the evidence supported a finding that he committed second-degree domestic battery against his daughter.

Holdings

1. The circuit court's finding that Nelson inexcusably failed to pay five months of supervision fees totaling $180 was not clearly against the preponderance of the evidence. Once the State presented evidence of nonpayment, Nelson failed to provide a reasonable justification for the failure to pay.
2. The circuit court's finding that Nelson committed second-degree domestic battery against his daughter was not clearly against the preponderance of the evidence. Testimony that Nelson struck his daughter, evidence of a welt or visible mark, the daughter's confirmation, and a photograph supported the finding.
3. Only one violation is required to sustain a probation revocation; therefore, because the failure-to-pay finding was supported, the court did not need to address Nelson's challenges to the other violations.

Questions Presented

1. Whether the circuit court clearly erred by finding that Nelson inexcusably failed to pay his probation-supervision fees.
2. Whether the circuit court clearly erred by finding that Nelson committed second-degree domestic battery against his daughter.
3. Whether the evidence supported the other alleged probation violations.

Disposition

affirmed