ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SAM BIRD, Judge
STATE OF ARKANSAS
SEPTEMBER 20, 2006
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT, FIFTH
DIVISION, [NO. CR03-3542]
HON. WILLARD PROCTOR JR.,
Brandon Robinson appeals the revocation of his probation in the Pulaski County
Circuit Court, raising one point. He contends that the court erred in granting the State’s
petition for revocation because the State did not introduce substantial evidence that his
failure to pay probation-supervision fees was inexcusable. The State responds that it met its
burden of proof by presenting evidence of non-payment, that Robinson then had the burden
of providing a reasonable excuse, and that Robinson demonstrated an ability to pay although
he had been declared an indigent. We affirm the order of revocation.
On January 12, 2004, Robinson pleaded guilty to two felony charges, possession of
cocaine and possession of marijuana with intent to deliver. The trial court accepted the pleas
and sentenced Robinson to concurrent sentences of four years’ probation for each charge.
The State points out that $210 represents six months’ fees and that the record does
not indicate when payment was paid.
Among the conditions of Robinson’s probation was the requirement that he pay a monthly
fee of $35 for probation supervision.
On June 23, 2004, the State filed a petition for revocation of Robinson’s probation.
At a hearing on July 20, 2004, the court found Robinson to be “current on fees now,” noting
that “the total amount that’s due at this time is $210 and the total amount paid is $210.” At
a subsequent hearing on August 19, 2004, the court was informed that Robinson again owed
fees. Robinson told the court that he could pay the $70 delinquency that day, and the court
set a hearing for August 26. At the August 26 hearing, the court found that Robinson was
current in paying his fees. The court set the next hearing for November 15, 2