Fredrick Wilson v. State of Arkansas

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

JOHN MAUZY PITTMAN, JUDGE

DIVISION II

FREDRICK WILSON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR01-221

December 12, 2001

APPEAL FROM THE BRADLEY COUNTY CIRCUIT COURT

[NO. CR 98-32, CR99-37]

HON. SAMUEL B. POPE,

CIRCUIT JUDGE

AFFIRMED

The appellant in this probation-revocation case was convicted in June 2000 of multiple offenses involving crack cocaine and was placed on probation until 2010. In September 2000, the State filed a petition to revoke appellant's probation, alleging that he had violated the conditions of his probation by committing second-degree battery, an offense punishable by imprisonment, and by using a controlled substance. After a hearing, the trial judge found that appellant had violated the terms of his probation as set forth in the revocation petition, and sentenced him to concurrent terms of imprisonment. From that decision, comes this appeal.

For reversal, appellant contends that the trial court erred in finding that he violated the conditions of his probation. This argument is wholly premised on the assertion that appellant proved that he acted in self-defense with respect to the battery charge. However,

even assuming arguendo that this argument is well-taken, we must affirm. Appellant's argument is directed solely toward the alleged battery; he makes no challenge whatsoever to the trial court's finding that he also violated the conditions of his probation by using a controlled substance. The State is only required to show that appellant violated one of the conditions of his probation. Ramsey v. State, 60 Ark. App. 206, 959 S.W.2d 765 (1998); Farr v. State, 6 Ark. App. 14, 636 S.W.2d 884 (1982). In the absence of any argument that the evidence was insufficient to show that appellant violated the conditions of his probation by using a controlled substance, appellant has failed to state any ground for reversal. See Farr v. State, supra; see also Camp v. State, 66 Ark. App. 134, 991 S.W.2d 611 (1999).

Affirmed.

Stroud, C.J., and Griffen, J., agree.