Opinion
CR-23-293
02-14-2024
CARL RORIE APPELLANT v. STATE OF ARKANSAS APPELLEE
Terry Goodwin Jones, for appellant. Tim Griffin, Att'y Gen., by: Rebecca Kane, Ass't Att'y Gen., for appellee.
APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [NO. 16JCR-17-518] HONORABLE CHRIS THYER, JUDGE
Terry Goodwin Jones, for appellant.
Tim Griffin, Att'y Gen., by: Rebecca Kane, Ass't Att'y Gen., for appellee.
WENDY SCHOLTENS WOOD, Judge
Carl Rorie appeals the Craighead County Circuit Court's sentencing order revoking his probation and sentencing him to eighteen years' imprisonment and a two-year suspended imposition of sentence. On appeal, Rorie argues that the evidence was insufficient to support revocation. We affirm.
This is a companion case to Rorie v. State, 2024 Ark.App. 106, an appeal from the revocation of Rorie's probation in case No. 16JCR-14-610, also handed down today. The circuit court held one revocation hearing on the State's petitions in both cases.
On June 25, 2018, Rorie pled guilty to possession of firearms by certain persons and was sentenced to sixty months' probation. The terms of probation included the requirements that Rorie not commit a criminal offense punishable by imprisonment; use, sell, distribute, or possess any controlled substance; and associate with anyone who is participating in the illegal use, sale, distribution, or possession of controlled substances. On October 11, 2022, the State petitioned to revoke Rorie's probation, alleging that he had violated the terms and conditions of his probation by violating federal, state, or municipal laws-specifically, by possessing methamphetamine with purpose to deliver in violation of Arkansas Code Annotated section 5-64-420 (Supp. 2023) and by possessing hydrocodone with purpose to deliver in violation of Arkansas Code Annotated section 5-64-424 (Supp. 2023). After a hearing held on January 12, 2023, the court entered an amended sentencing order on January 20, revoking Rorie's probation and sentencing him to eighteen years' imprisonment and two years' suspended imposition of sentence. Rorie filed this appeal.
Because the violations alleged in the petition to revoke, the testimony at the hearing, and Rorie's arguments on appeal are identical to those in the companion case, we will not restate them here, and we incorporate them by reference. Rorie v. State, 2024 Ark.App. 106. Accordingly, we hold that there was sufficient evidence to support the revocation, and we affirm for the reasons set forth in that opinion.
Affirmed.
VIRDEN and GLADWIN, JJ., agree.