Shawn (Sean) L. Boddie v. State of Arkansas

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

JOHN E. JENNINGS, JUDGE

DIVISION IV

CACR 00-427

November 22, 2000

SHAWN (SEAN) L. BODDIE APPEAL FROM DALLAS COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE LARRY W. CHANDLER,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

In August 1996 Shawn (Sean) L. Boddie pleaded guilty to kidnapping, a class B felony, robbery, and battery in the third degree. He was sentenced to five years probation and ordered to pay fines, costs, and restitution. In October 1999 the State filed a petition to revoke appellant's probation alleging that he had pleaded guilty to fleeing and possession of a controlled substance (marijuana) in January 1998; had been found guilty of public intoxication in February 1998; had pleaded guilty to possession of a controlled substance and DWI in March 1998; had failed to pay court costs, restitution, and probation fees; had twice been underthe influence of alcohol and in possession of marijuana at the time of arrest; had tested positive for marijuana use and had signed confession forms admitting the use of marijuana; and had been in the company of a known felon in April 1998. The trial court found that appellant had violated the terms and conditions of his probation and sentenced him to serve five years in the Arkansas Department of Correction.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, his attorney has filed a motion to withdraw as counsel on the ground that there is no merit to this appeal. The clerk of this court attempted to furnish appellant with a copy of counsel's abstract and brief and to notify him of his right to file a pro se brief within thirty days. Despite the clerk's good faith effort to contact appellant, the clerk was unable to do so. As a result, appellant has not filed a pro se brief.

Pam Simmons, appellant's probation officer, testified that she received reports from Clark County indicating that appellant had committed several violations, had tested positive for drugs, and had been associating with a known felon. She stated that, although he owed $960.00 in fines and costs, he had only paid $300.00 since 1996. Ms. Simmons stated that appellant owes $150.00 in probation fees but that he had been reporting. Appellant admitted that the drug test results were true and candidly stated that he had beenusing marijuana. He also agreed that he had received the convic tions that Ms. Simmons read in open court. In addition, he conceded that he had only paid a portion of the money he owed.

To revoke probation, the burden is on the State to prove a violation of the conditions of probation by a preponderance of the evidence. Wade v. State, 64 Ark. App. 108, 983 S.W.2d 147 (1998). In addition, the State need only prove appellant committed one violation of his conditions of probation. Ramsey v. State, 60 Ark. App. 206, 959 S.W.2d 765 (1998). On appeal we will not reverse unless the trial court's findings are clearly against the prepon derance of the evidence, giving due regard to the trial court's superior position to determine the credibility of the witnesses and the weight to be given their testimony. Billings v. State, 53 Ark. App. 219, 921 S.W.2d 607 (1996). Given appellant's own admission that he violated more than one condition of his probation, we cannot hold that the trial court's decision was clearly against the preponderance of the evidence. There were no other adverse rulings. From our review of the record and the brief presented to us, we hold that counsel has fully complied with Rule 4-3(j) and that the appeal is wholly without merit. Accordingly, counsel's motion to be relieved is granted, and appellant's convictions are affirmed.

Bird and Stroud, JJ., agree.