Linda Reynolds v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
DIVISION IV
CACR05958
LINDA REYNOLDS
APPELLANT
March 15, 2006
AN APPEAL FROM PULASKI
COUNTY CIRCUIT COURT
[CR031042]
V.
HON. JOHN LANGSTON, JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
WENDELL L. GRIFFEN, Judge
Linda Reynolds appeals from the revocation of her probationary sentence. She argues
that the State failed to present sufficient proof that she inexcusably violated the terms of her
probation by failing to report to her probation officer. We disagree and affirm the revocation
of her probation.
In January 2004, Reynolds received a fiveyear probationary sentence after pleading
guilty to theft of property in Pulaski County Circuit Court. Among other things, she was
ordered to report monthly to her probation officer and to pay probationary fees and
restitution. On September 3, 2004, the State filed a revocation petition, alleging that
Reynolds had failed to report to her probation officer and failed to pay probation fees.
A hearing on the matter was held on May 20, 2005, during which Janna Pinkston,
Reynolds’ Pulaski County Probation Officer, testified that Reynolds had been informed of
her obligation to report monthly but that she never reported in person and had telephoned
only one time. Reynolds testified that she was also on probation in Lonoke County and she
believed that, by reporting in Lonoke County, she satisfied her obligation to report in Pulaski
County. The trial court found that Reynolds violated the terms of her probation by failing
to report and sentenced her to serve three years in the Arkansas Department of Correction,
with suspended imposition of the sentence for one year and with a judicial transfer to the
Community Correction Center.
Reynolds’ sole argument is that the State failed to prove that she inexcusably violated
the terms of her probation by failing to report to her probation officer. In a revocation
proceeding, the burden is on the State to prove by a preponderance of the evidence that the
defendant inexcusably violated a condition of his probation. Ark. Code Ann. § 54309(d)
(Supp. 2005). We will affirm the trial court’s revocation findings unless they are clearly
against a preponderance of the evidence. Lamb v. State, 74 Ark. App. 245, 45 S.W.3d 869
(2001). Evidence that is insufficient for a criminal conviction may be sufficient for the
revocation of probation. Id. Since the determination of a preponderance of the evidence
turns on questions of credibility and the weight to be given to testimony, we defer to the trial
judge's superior position to resolve those questions. Id. The State need only prove a single
violation to support the revocation of probation. Thompson v. State, 342 Ark. 365, 28
S.W.3d 290 (2000).
Here, as Reynolds concedes that the State proved she was required to report monthly
to her probation officer but failed to do so, the only issue is whether the trial court erred in
determining that her failure to report was inexcusable. We hold that the trial court did not
err in making that determination.
Reynolds testified that she was on probation in Lonoke County at the same time she
was on probation in Pulaski County. She said that she contacted the Pulaski County
Probation Office after being placed on probation, and it was her “understanding” that her
Lonoke County probation officer, whom she identified as Officer Callahan, would cover both
2
counties. However, she admitted that she owed fines and restitution in Pulaski County and
that she telephoned Pulaski County to explain why she could not pay her fines and
restitution. Reynolds stated that she believed she was obligated to pay her fines to the
Pulaski County office, but did not believe she was obligated to report personally to the
Pulaski County office. Nonetheless, she admitted that a probation officer discussed the terms
of her Pulaski County probation with her, that she signed the form, and that she also failed
to report as ordered to her Lonoke County probation officer.
In short, we affirm because the trial court’s decision to disbelieve Reynolds’ reasons
for not reporting in Pulaski County is simply a credibility determination which we will not
disturb on appeal. Lamb, supra. The trial court was not required to believe Reynolds’
assertion that, although she knew she was obligated to report to Pulaski County regarding her
fines, she believed that she was not obligated to report personally to Pulaski County. In any
event, even if the trial court believed Reynolds’ assertion in that regard, Reynolds also
admitted that she had not reported as required to her Lonoke County Probation Officer.
Despite Reynolds’ testimony to the contrary, it is clear she was on notice that she was
required to report to the Pulaski County Probation Office. Reynolds admitted that a
probation officer read to her and that she signed State’s Exhibit 2, which sets forth the
conditions of her Pulaski County probation. She admitted at the hearing that State’s Exhibit
2 is a document from the Pulaski County Circuit Court. Moreover, she knew the reason she
was signing that form was because she had pleaded guilty to theft of property in Pulaski
County Circuit Court and had thereafter been placed on probation in Pulaski County.
Finally, the fact that Reynolds knew that she was to report to the Pulaski County office to
pay her fines demonstrates her knowledge that she was to report to that same office to fulfill
the remainder of the conditions of her Pulaski County probation. On these facts, we affirm
the revocation of Reynolds’ probation.
3
Affirmed.
GLADWIN and NEAL, JJ., agree.
4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.