Robert Charles Smith v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed the revocation of Robert Charles Smith’s suspended imposition of sentence and granted appointed counsel’s motion to withdraw in this no-merit appeal. The court held that the State presented sufficient evidence that Smith failed to pay restitution, fines, and fees, and that the sentence imposed was within statutory limits. The court also rejected challenges to the admission of a prior sentencing order and the denial of a continuance.

Holdings

1. The circuit court properly revoked Smith's SIS because the State proved by a preponderance of the evidence that he failed to pay restitution, fines, fees, and costs as ordered.
2. The circuit court did not abuse its discretion by imposing five years in the ADC with one year suspended because the sentence was within the applicable statutory limit for a Class D felony.
3. The circuit court did not err in admitting the evidence because the rules of evidence do not apply in revocation proceedings.
4. The circuit court did not abuse its discretion by denying Smith's request for additional time to make payments.
5. Counsel's brief complied with Anders and Rule 4-3(b), and the record contained no issue of arguable merit.

Questions Presented

1. Whether the evidence supported revocation of Smith's suspended imposition of sentence for failure to pay restitution, fines, fees, and costs.
2. Whether the circuit court imposed an unlawful or abuse-of-discretion sentence upon revocation.
3. Whether the circuit court erred by admitting a sentencing order showing Smith's later guilty plea to terroristic threatening.
4. Whether the circuit court abused its discretion by denying Smith's request for a continuance to make additional payments.
5. Whether counsel's Anders brief complied with Arkansas Rule 4-3(b) and whether any issue had arguable merit.

Disposition

affirmed