Michael Roland v. State of Arkansas

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ARKANSAS COURT OF APPEALS NOT DESIGNATED FOR PUBLICATION LARRY D. VAUGHT, JUDGE DIVISION II CACR06-942 May 16, 2007 MICHAEL ROLAND APPELLANT V. APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [CR-05-787, CR-91-50A] HON. RALPH EDWIN WILSON, JR., CIRCUIT JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED Appellant Michael Roland pled guilty in June 2001 to attempted aggravated robbery for which imposition of sentence was suspended for a period of twenty years. In 2005, the State filed a petition to revoke Roland’s suspension on the grounds that he violated the conditions thereof by possessing both cocaine and marijuana. After a hearing, the trial court found that Roland had violated his suspension in both of the manners alleged by the State, revoked his suspension, and sentenced him to six years’ imprisonment. For reversal, Roland contends that the evidence relating to his cocaine possession was insufficient to support the revocation because there were discrepancies in the testimony as to the precise weight of the cocaine found in his possession. However, Roland’s sufficiency argument fails because he attacks only one of the grounds upon which the revocation of his suspension was based. He effectively abandoned any argument relating to the additional and independent ground for revocation—his possession of marijuana. Where the trial court expressly bases its decision on multiple independent grounds and appellant challenges only one on appeal, we will affirm without addressing any. See Pugh v. State, 351 Ark. 5, 89 S.W.3d 909 (2002). Affirmed. M ARSHALL and H EFFLEY, JJ., agree. 2

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