KENDRICK C. STORY
STATE OF ARKANSAS
SEPTEMBER 20, 2006
APPEAL FROM THE COLUMBIA
COUNTY CIRCUIT COURT
HON. LARRY CHANDLER, JUDGE
SAM BIRD, Judge
Kendrick C. Story appeals the revocation of his suspended imposition of sentence in
the Columbia County Circuit Court. He contends 1) that the trial court erred in permitting
the State to reopen its case after he moved for a directed verdict, and 2) that the evidence
presented before the reopening of the case was insufficient to find that he violated the terms
and conditions of the suspended imposition of sentence. We affirm the revocation.
In February 1999 Story was convicted of two felony counts of theft pursuant to a
negotiated plea; he was sentenced on each count to a term of imprisonment and to a
suspended imposition of sentence. The State filed a petition for revocation on June 2, 2005
and an amended petition on July 1, 2005, which read in part:
Amended Petition for Revocation of Suspended Imposition of Sentence
. . . .
1. That on February 25, 1999, the defendant was found guilty of Theft of
Property (2 Counts) and was sentenced to a term of ten (10) years on each count in
the Department of Correction and a term of five (5) years suspended imposition of
sentence on each count.
2. Since that date, it is alleged that the defendant has violated the terms and
conditions of his suspended imposition of sentence as follows:
(a) The defendant has tested positive and admitted use of controlled
substances on numerous occasions since his release.
(b) The defendant committed the offense of Aggravated Robbery, at
gunpoint, in Magnolia, Arkansas on May 11, 2004.
At a revocation hearing before the trial court on July 8, 2005, the State presented
evidence that Story had violated the terms and conditions of the suspended imposition of
sentence. Several witnesses testified regarding the robbery of the Sonic Drive In restaurant
in Magnolia on May 11, 2004. Burt Errington,