ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, JUDGE
BARBARA J. GOWERS
STATE OF ARKANSAS
February 13, 2008
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT
HONORABLE J. MICHAEL FITZHUGH,
Appellant, Barbara J. Gowers, argues that the circuit court erred in granting the State’s
petition to revoke her suspended sentence, as there was insufficient evidence that she
willfully violated the terms and conditions of that sentence. We affirm.
According to a judgment and disposition order filed February 20, 2004, appellant
pleaded guilty to possession of drug paraphernalia and possession ofmethamphetamine, and
the circuit court suspended the imposition of her sentence for three years, conditioned on
appellant not violating any laws. On December 18, 2006, the State filed a petition to set
aside the suspended imposition of sentence, asserting in part that on December 15, 2006,
appellant possessed a controlled substance with the intent to deliver.
At the hearing on the State’s petition, Detective Wayne Barnett of the Fort Smith
Police Department testified that on December 14, 2006, he received information from a
reliable confidential informant that a female named “Barbara” and a male named “Jamie”
were selling Lorcet tablets. The informant further stated that the Englander Motel was one
of the places where they delivered the tablets. The informant agreed to participate in a
controlled buy fromBarbara and Jamie. According to Barnett, with the informant they made
a telephone call to Barbara. The informant told Barbara how many Lorcet tablets they
wanted, and Barbara told them that she was at a doctor’s office and not able to get away.
She stated, however, that Jamie was to meet her at the doctor’s office in a few minutes and
that she would send Jamie with the pills.
Later, a car pulled into the parking lot of the Englander Motel, and Barn