ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH J. HEFFLEY, JUDGE
RICKY LEE PARKER
STATE OF ARKANSAS
September 19, 2007
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT
H O N O R A B L E
J A M E S R .
Appellant, Ricky Lee Parker, appeals the revocation of his suspended imposition of
sentence on an underlying charge of forgery in the second degree. Appellant argues that the
State failed to show by a preponderance of the evidence that he violated the terms and
conditions of his suspended sentence. We find no error and affirm.
On August 24, 2005, appellant pled guilty to a charge of forgery in the second degree
and was sentenced to nine months’ imprisonment and a suspended imposition of sentence of
nine years. Appellant was released from the Arkansas Department of Correction on February
24, 2006, and began serving his suspended sentence. On September 25, 2006, the State filed
a petition to revoke appellant’s suspended sentence, alleging that he had committed, among
The petition also alleged that he had failed to pay court costs as required; however, the
trial court did not address this alleged violation in its ruling, therefore we will not address
it on appeal.
other offenses, rape and battery in the second degree. A hearing was held on the matter on
November 15, 2006, and the court found that appellant had violated the conditions of his
suspended sentence as alleged by the State. In an order filed November 21, 2006, appellant
was sentenced to nine years and three months in the Arkansas Department of Correction. A
timely notice of appeal from this order was filed on November 27, 2006.
To revoke probation or a suspended sentence, the burden is on the State to prove the
violation of a condition of probation or suspended sentence by a preponderance of the
evidence. Bradley v. State, 347 Ark. 518, 65 S.W.3d 874 (2002). On appellate review, the trial
court's findings will be upheld unless