Stuart Morton v. State of Arkansas

Cite as 2024 Ark. App. 518
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-24-61

STUART MORTON Opinion Delivered October 30, 2024
APPELLANT
APPEAL FROM THE CRAIGHEAD
COUNTY CIRCUIT COURT,
V. WESTERN DISTRICT
[NO. 16JCR-19-407]
STATE OF ARKANSAS
APPELLEE HONORABLE CHRIS THYER, JUDGE

AFFIRMED

RAYMOND R. ABRAMSON, Judge

Appellant Stuart Morton appeals the revocation of his suspended imposition of

sentence (“SIS”). On November 21, 2019, Morton pleaded guilty in three separate cases.

Specifically, in case number 16JCR-19-407—the case now on appeal—Morton pleaded guilty

to first-degree forgery for which he was sentenced to 72 months’ SIS. After a revocation

hearing on July 12, 2023, the Craighead County Circuit Court found that Morton had

inexcusably violated the conditions of his SIS and sentenced him to serve 120 months’

imprisonment in the Arkansas Division of Correction. Morton now appeals, arguing that

the circuit court erred by revoking his SIS and denying his motion for a continuance. We

affirm.

The three cases that Morton pleaded guilty to are as follows: In case number 16JCR-

19-549, Morton pleaded guilty to breaking or entering and possession of drug paraphernalia
and received 18 months’ imprisonment in the Arkansas Division of Correction and 72

months’ SIS, respectively. In case number, 16JCR-19-407, the case at issue in this appeal,

Morton pleaded guilty to first-degree forgery and received 72 months’ SIS. Last, in case

number 16JCR-19-36, Morton pleaded guilty to theft of property and breaking or entering

and received 72 months’ SIS for both offenses.

As part of his plea, Morton agreed to abide by certain conditions—specifically, that he

would not commit a criminal offense punishable by imprisonment. The sentencing order in

case number 16JCR-19-407 was filed the next day. On April 11, 2022, Morton pleaded guilty

to possession of a controlled substance in case number 16JCR-22-117 and received a

sentence of five years’ probation to be followed by ninety days’ SIS. Just twelve days later, on

April 23, 2022, officers conducted a probation search at Morton’s home, and drug

paraphernalia was found among his possessions.

Morton was arrested, and petitions to revoke his probation and SIS were filed in the

foregoing cases, alleging that Morton had committed the offense of possession of drug

paraphernalia. On April 3, 2023, an amended petition to revoke was filed, adding the

allegation that Morton had committed the offense of third-degree domestic battering and

contempt of court on June 26, 2022. The State also alleged Morton failed to report as

directed and absconded from probation and that he had failed to pay his court costs and

supervision fees.

Between his first appearance and the revocation hearing, Morton received three

continuances, after which he failed to appear twice, and a warrant was issued for his arrest.

2
A hearing was held on the matter on July 12, 2023. At the beginning of his hearing, Morton

moved for another continuance so he could show the circuit court he could live a law-abiding

life. The motion was denied.

The following facts were adduced at the hearing. Investigator Wilburn Crews with

the Jonesboro Police Department performed a probation search at Morton’s residence on

April 23, 2022. Morton led Crews to a room where he kept his belongings, and inside a

dresser drawer with his clothes and socks, Crews found two glass pipes with residue. Morton

then led Crews to the room where he slept, and Crews found a container with white residue

in it. From his experience, Crews believed the items were used to ingest methamphetamine.

Morton informed Crews that a woman was staying there, but Crews did not know where,

and she was not present during the search.

Morton’s father testified that Morton was doing well and that the paraphernalia must

have been from his addiction months ago. He also testified that the dresser drawer was where

Morton kept his clothes. Morton testified that anything found was from his “prior life.” He

did not deny that the paraphernalia was his, and he confessed that he had used

methamphetamine even after his April 2022 arrest. When asked if his dad knew he was using

drugs, Morton informed the circuit court that he was not using them “enough” for his dad

to know.

The court then found that Morton had inexcusably violated the conditions of his SIS

in case number 16JCR-19-407 and sentenced him to serve 120 months’ imprisonment in

the Arkansas Division of Correction. This timely appeal follows.

3
On appeal, Morton first argues that the circuit court erred by revoking his SIS because

the State failed to show he possessed the paraphernalia found in his home and because his

father’s testimony of his sobriety was credible. We do not find merit in his argument.

A circuit court may revoke a defendant’s SIS at any time prior to its expiration if the

“court finds by a preponderance of the evidence that the defendant has inexcusably failed to

comply with a condition of his or her suspension of sentence.” Ark. Code. Ann. § 16-93-

308(d) (Supp. 2021). Evidence that is insufficient for a criminal conviction may be sufficient

for the revocation of SIS. Farris v. State, 2024 Ark. App. 188, at 7, 686 S.W.3d 602, 608. The

State has the burden of proving the defendant violated a condition of SIS; however, it is

required to establish only one violation to sustain the revocation. Id. On appellate review,

the circuit court’s findings are upheld unless they are clearly against the preponderance of

the evidence, and the appellate court defers to the circuit court’s superior position to

determine credibility and the weight to be accorded testimony. E.g., Baney v. State, 2017 Ark.

App. 20, at 2, 510 S.W.3d 799, 801.

Morton asserts that the evidence was insufficient to support a revocation because

officers were told that another individual lived in the home, and his father’s testimony that

he was sober was credible. However, Morton never denied that the paraphernalia was his—

in fact, he rationalized its existence in his dresser drawer by claiming it was from his “prior

life,” and he had not fully cleaned out his house. The paraphernalia was found in Morton’s

dresser drawer along with his socks and clothes. He led Crews specifically to the room, stating

that is where he kept his belongings. He then led Crews to another room, stating that is

4
where he slept; there, Crews found a container with suspected methamphetamine residue in

it. He also admitted to the court that he had used illegal substances, including

methamphetamine, after his arrest. There was nothing to indicate that the paraphernalia

belonged to anyone but Morton. His admissions, alone, were sufficient to support the

revocation of his SIS. E.g., Farris, 2024 Ark. App. 188, at 8, 686 S.W.3d at 7 (a defendant’s

admission to violating a condition, alone, is sufficient to support the revocation).

As for Morton’s father testifying that he was maintaining sobriety, Morton admitted

using drugs and stated he was not using them in a way his father would know. The circuit

court was free to determine if his father was credible. We give due deference to the superior

position of the circuit court to determine the credibility of the witnesses and the weight to

be accorded their testimony. See Pyle v. Sayers, 344 Ark. 354, 39 S.W.3d 774 (2001). The

State argues that regardless of the credibility determination, it had no bearing on the

outcome of the case after Morton later made it clear that his father’s testimony was not based

on a full knowledge of the facts. We agree with the State that sufficient evidence was

presented at the hearing to revoke Morton’s SIS.

Morton next argues that the circuit court erred by denying his motion for a

continuance. He argues that he requested a continuance so that he could have more time to

show he could “remain clean” and be a “law-abiding citizen.” We will not reverse a denial of

a continuance motion absent an abuse of discretion. Quijada v. State, 2021 Ark. App. 321,

at 4, 633 S.W.3d 797, 800. An abuse of discretion occurs when the circuit court acts

arbitrarily or groundlessly. Id. In order to warrant a reversal from the denial of the

5
continuance, an appellant must both demonstrate that the circuit court abused its discretion

and also show prejudice that amounts to a denial of justice. Id.

Under these standards, Morton’s argument has no merit. Morton fails to demonstrate

how a continuance would have altered the outcome of his revocation because his potential

for future success in his sobriety was not relevant to whether he had previously violated the

conditions of his SIS. Additionally, Morton requested this continuance even though the

State was ready to proceed, and the circuit court already had granted Morton three

continuances prior to the hearing. During that time, Morton failed to appear at two court-

ordered hearing dates, leading to the issuance of a warrant for his arrest. Morton has not

shown that the court abused its discretion or that he was prejudiced in any way. Accordingly,

we affirm.

Affirmed.

VIRDEN and HIXSON, JJ., agree.

Terry Goodwin Jones, for appellant.

Tim Griffin, Att’y Gen., by: A. Evangeline Bacon, Ass’t Att’y Gen., for appellee.

6