Paul Kaehne v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH J. HEFFLEY, JUDGE
DIVISION II
CA CR 07285
PAUL KAEHNE
January 16, 2008
APPELLANT
V.
APPEAL FROM THE CIRCUIT COURT OF
GREENE COUNTY
[NO. CR04335]
STATE OF ARKANSAS
HONORABLE DAVID N. LASER,
JUDGE
APPELLEE
AFFIRMED; MOTION TO BE RELIEVED
GRANTED
On April 5, 2005, appellant Paul Kaehne pled guilty to the offenses of commercial burglary
and theft of property, both class C felonies. He was placed on probation for five years and ordered
to spend thirty days in jail, to complete 120 hours of community service, and pay a fine of $1,000.
On March 1, 2006, the State filed a petition to revoke alleging that appellant had violated the
terms of his probation by committing the new crimes of commercial burglary and theft of property,
obstructing governmental operations, public intoxication, and shoplifting, and by absconding from
the State of Arkansas and failing to report to his probation officer. After a hearing, the trial court
revoked appellant’s probation on grounds that appellant had left the State without permission, that
he had failed to report to his probation officer, and that he had committed the offenses of obstructing
governmental operations, public intoxication, and shoplifting. As a result, appellant was sentenced
to cumulative terms of thirty months in a regional correction facility to be followed by a suspended
imposition of sentence of four years.
Pursuant to Anders v. California, 386 Ark. 738 (1967), and Rule 43(j) of the Rules of the
Supreme Court and Court of Appeals, appellant’s counsel has filed a motion to withdraw on the
ground that this appeal is wholly without merit. This motion was accompanied by a brief listing all
adverse rulings with an explanation as to why each adverse ruling is not a meritorious ground for
reversal. The appellant was provided a copy of counsel’s brief and notified of his right to file a list
of points within thirty days. Appellant has chosen not to do so. From our review of the entire record,
we agree that this appeal is wholly without merit, and we affirm the revocation decision and grant
counsel’s motion to be relieved.
There were only two adverse rulings in this case. The first was the trial court’s decision to
revoke appellant’s probation. In order to revoke probation or a suspension, the trial court must find
by a preponderance of the evidence that the defendant inexcusably violated a condition of that
probation or suspension. Peterson v. State, 81 Ark. App. 226, 100 S.W.3d 66 (2003). The State
bears the burden of proof but need only prove that the defendant committed one violation of the
conditions. Richardson v. State, 85 Ark. App. 347, 157 S.W.3d 536 (2004). We do not reverse a
trial court’s findings on appeal unless they are clearly against the preponderance of the evidence. Sisk
v. State, 81 Ark. App. 276, 101 S.W.3d 248 (2003).
There was evidence offered at the hearing that appellant did not report on April 7, 2005, for
the intake session with his probation officer, but that he did finally report on April 11. His probation
officer gave him a temporary permit to travel to West Virginia where his mother lived on the
condition that he report back to the probation officer on May 23. Appellant reported on that date
2
CACR 07285
but was not given another permit to travel out of state. Appellant failed to report in June or in any
of the months thereafter. He was arrested in Ohio on February 26, 2006, and extradited to Arkansas.
Charges of commercial burglary and theft of property were pending against appellant at the
time of the hearing. In this regard, appellant was accused of breaking into a car lot and stealing a
vehicle, keys, and title papers. Appellant admitted at the hearing that during his probation he had pled
guilty to charges of obstructing governmental operations, public intoxication, and shoplifting.
Although proof of only one violation is required, none of the trial court’s findings are clearly
against the preponderance of the evidence. There was ample evidence that appellant violated his
probation by failing to report, by absconding from the State, and by committing the offenses of
obstructing governmental operations, public intoxication, and shoplifting.
At sentencing, appellant asked that he be given twentyfour months in a regional correctional
facility. Instead, the trial court sentenced appellant to thirty months in prison. This sentence was
within the range of punishment for class C felonies. Ark. Code Ann. § 54401(a)(4) (Repl. 2006).
There was no error.
Affirmed; motion granted.
HART and MILLER, JJ., agree.
3
CACR 07285
4
CACR 07285
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.