ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, JUDGE
STATE OF ARKANSAS
MAY 9, 2007
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
HON. DAVID N. LASER,
Appellant Calvin Olden appeals the revocation of his probation as found by the
Crittenden County Circuit Court. On appeal, he contends that the trial court committed
reversible error by denying his motion for directed verdict as to the charge of sexual
indecency with a child. We affirm.
On March 27, 2006, appellant pleaded guilty to the charge of possession of a controlled
substance and executed a plea and sentence recommendation and conditions of probation.
He was placed on five years’ supervised probation and assessed fines and costs in the amount
of $1,750. The State filed a petition to revoke appellant’s probation on June 13, 2006,
asserting the following violations: (1) appellant had failed to pay fines, costs, and fees; (2)
appellant had failed to report as directed; (3) appellant had failed to pay probation fees; (4)
appellant had failed to notify sheriff and probation of current address and employment; (5)
appellant had committed rape; (6) appellant had committed sexual indecency with a child; (7)
The record is confusing with respect to the trial court’s decision as to the failure to pay
fines and costs, but it does not significantly affect the outcome because of the evidence
presented on the other two remaining allegations.
appellant had failed to work regularly at suitable employment; (8) appellant had possessed and
used marijuana and cocaine; (9) appellant had failed to adhere to conditions of parole
including alcohol/drug assessment plan. A hearing on the petition was held on April 16,
2006. At the close of the State’s case, appellant moved for a directed verdict on all charges,
and the trial court granted the motion to all allegations except for rape, sexual solicitation of
a child, and failure to pay fines and costs.