JOSEPHINE LINKER HART, Judge
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
KENNETH RAY MARSHALL
STATE OF ARKANSAS
November 15, 2006
APPEAL FROM THE COLUMBIA
COUNTY CIRCUIT COURT
[NO. CR-2005-64A, CR-2005-104A]
HONORABLE LARRY CHANDLER,
Appellant, Kenneth Ray Marshall, appeals from the circuit court’s revocation of his
probation. Specifically, he argues that the court erred in finding that he violated the terms
and conditions of his probation. We affirm.
According to the amended judgment and disposition order filed October 12, 2005,
appellant pleaded guilty on October 7, 2005, to two felony counts of theft of property and one
felony count of breaking or entering and was placed on probation for two consecutive five-
year periods. As part of the conditions of appellant’s probation, which he received on
October 7, 2005, he agreed to not use any controlled substance and not commit a criminal
offense punishable by imprisonment. Also on October 12, 2005, the State filed an amended
petition to revoke appellant’s probation, alleging that he used cocaine on October 10, 2005-
October 11, 2005, and committed the crimes of commercial burglary and theft of property
on October 11, 2005.
On October 14, 2005, the circuit court conducted a hearing on the State’s petition to
revoke. At the hearing, appellant’s probation officer, Burt Errington, testified that that on
October 7, 2005, he read and explained to appellant the conditions of his probation.
Errington further testified that appellant admitted on October 12, 2005, that he had used
cocaine “the night of October the 10th, 11th.” In his own testimony at the hearing, appellant
admitted that he had told Errington that he had used cocaine that night.
The State then presented testimony regarding its allegation that appellant committed
a commercial burglary and theft. Josh Bolton of the Magnolia Police Department testified
that at 3:52 a.m., on October 11, 2005, he responded to a bu