ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
BRIAN S. MILLER, JUDGE
February 13, 2008
EARL RAY MAXWELL AN APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT
HON. J.MICHAEL FITZHUGH, JUDGE
Earl Ray Maxwell asserts, in this appeal, that the Sebastian County Circuit Court
erred in revoking his suspended sentence because there was insufficient evidence showing
that he willfully violated the terms and conditions of his suspension. We disagree and
A trial court may revoke a defendant’s suspended sentence at any time prior to the
expiration of the period of suspension if it finds by a preponderance of the evidence that the
defendant has inexcusably failed to comply with a condition of suspension. Ark. Code Ann.
§ 54309(d) (Repl. 2006). The trial court’s decision will not be reversed on appeal unless
it is clearly against the preponderance of the evidence. Williams v. State, 351 Ark. 229, 91
S.W.3d 68 (2002). We defer to the trial judge’s superior position because the determination
of a preponderance of the evidence turns on questions of credibility and the weight to be
given testimony. Richardson v. State, 85 Ark. App. 347, 157 S.W.3d 536 (2004).
On January 25, 2007, the State petitioned to revoke Maxwell’s suspended sentence,
which was imposed after he was found guilty of possessingmarijuana with intent to deliver.
This petition was amended on two occasions, with each petition alleging that Maxwell
committed additional drug offenses in violation of the terms of his suspension, which
required that he refrain from criminal activity.
The evidence at Maxwell’s April 18 revocation hearing showed that he sold
methamphetamine to a confidential informant. In his residence, he possessed a safe and
laundry basket holding methamphetamine and twentyfive pills were found in the pockets
of a pair of jeans. He was arrested Febru