EDWARD FRANKLIN HALEY
STATE OF ARKANSAS
OCTOBER 4, 2006
APPEAL FROM THE IZARD COUNTY
[NO. CR 99-37-1]
HON. TIM WEAVER,
ROBERT J. GLADWIN, Judge
Appellant Edward Franklin Haley appeals from the Izard County Circuit Court’s order
revoking his probation. On appeal, he claims that the circuit court erred in allowing an
uncounseled plea to form the sole basis for the revocation of his probation. We affirm.
Appellant pleaded guilty to sexual abuse in the first degree on August 1, 2002. He
was placed on probation for sixty months. One condition of his probation was that he not
commit a criminal offense punishable by imprisonment.
On or about April 22, 2005, appellant committed the crime of theft of property.
Appellant, who was not represented by counsel, pleaded guilty in district court to the theft-of-
property charge and was ordered to pay a fine. On May 27, 2005, the State filed a petition
in circuit court for revocation against appellant based upon the theft-of-property charge.
At the hearing on the revocation petition, the circuit court heard testimony from Liz
Lay, a Mountain View, Arkansas, police officer regarding the theft charge. Officer Lay
testified that she had received a complaint regarding pictures of a teenage girl taken from a
Wal-Mart store. Officer Lay explained that she confirmed with the store that appellant had
wrongfully removed the pictures. When the officer contacted appellant, appellant stated that
if he had pictures that were not his, he took them by mistake. Officer Lay further testified
that when she advised appellant she would send someone to pick up the pictures, he objected,
stating that some of the pictures were of a woman who knew he had taken the pictures.
Officer Lay stated that she advised appellant at that time that he was not to have pictures of
children. Appellant responded that the pictures were not of a child, but of a young woman.
Officer Lay testified that appellant told the Wal-Mart phot