ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, JUDGE
RICKEY ALAN CALDWELL
STATE OF ARKANSAS
April 25, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
HON. WILLARD PROCTOR, JR.,
Rickey Alan Caldwell was convicted in a Pulaski County bench trial of nonsupport,
and he was sentenced to six years’ probation, fined $300, and ordered to pay restitution in the
amount of $26,341 at a rate of $365 per month. On appeal, Caldwell argues that the circuit
judge erred in 1) ordering him to pay $26,341 in restitution because the State “conceded” that
he would only owe $23,841; and 2) failing to hold a sentencing hearing. We affirm.
In his first point, Caldwell acknowledges that evidence from his ex-wife Rebecca
Caldwell Smith and Office of Child Support Enforcement employee Yolanda Williams
established that he had failed to pay $26,341 in court-ordered support for his twin daughters.
He notes further that the trial court ordered the cash bond that he had posted in the amount
of $2,500 “be credited towards the restitution.” Caldwell argues that the fact that the
judgment and disposition order recites that the amount of restitution is $26,341, and not
$23,841, is reversible error. We disagree.
The fact that the trial judge approved a request that Caldwell’s $2,500 cash bond be
applied toward his restitution does not affect the total amount of restitution that he is
obligated to pay. Accordingly, we hold that the trial court did not commit reversible error.
For his second point, Caldwell argues that the trial court erred in failing to hold a
sentencing hearing. Citing Beqiri v. State, 94 Ark. App. 45, ___ S.W.3d ___ (2006), he
contends that the State was required to put on proof of the amount of restitution that he
actually owed during the sentencing phase of the trial. We hold that this argument is
We agree that in Beqiri this court held that the failure to comply with Arkansas