Devaron Henderson v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed the revocation of Devaron Henderson’s probation and granted appointed counsel’s motion to withdraw in a no-merit appeal. The court held that Henderson’s admissions to failing to report and failing to pay fees and costs were sufficient to support revocation, and that the sentence imposed was within the applicable statutory range. The court concluded that the appeal was wholly without merit under Anders and Arkansas Supreme Court Rule 4-3(b).

Holdings

1. A probation revocation is sustained when the State proves by a preponderance of the evidence that the defendant violated at least one probation condition. Henderson's admissions that he failed to report and failed to pay fees and court costs were sufficient to support revocation, regardless of the evidence concerning the alleged new domestic-battery offense.
2. The circuit court did not err in imposing three years' incarceration and two years' suspended imposition of sentence without credit for Henderson's Texas time served because the sentence was within the applicable statutory range and below the maximum sentence that could have been imposed originally.
3. Counsel complied with Anders and Arkansas Supreme Court Rule 4-3(b), and the appeal was wholly without merit; counsel's motion to withdraw was therefore granted.

Questions Presented

1. Whether the evidence was sufficient to support revocation of Henderson's probation.
2. Whether the circuit court imposed an unauthorized or otherwise erroneous sentence by rejecting Henderson's request for lesser punishment, extended probation, or credit for time served in Texas.
3. Whether counsel complied with Anders v. California and Arkansas Supreme Court Rule 4-3(b)(1) such that counsel could withdraw in a no-merit appeal.

Disposition

affirmed