Probation Revocation In Arkansas
To revoke probation, the burden is on the State to prove the violation of a condition of probation by a preponderance of the evidence. Ark. Code Ann. 5-4-309(d)(Repl. 1993); Lemons v. State, 310 Ark. 381, 836 S.W.2d 861 (1992); Ramey v. State, 62 Ark. App. 204, 972 S.W.2d 952 (1998).
On appellate review, the trial court's findings will be upheld unless they are clearly against a preponderance of the evidence. Since determination of a preponderance of the evidence turns on questions of credibility and weight to be given testimony, we defer to the trial judge's superior position. Wade v. State, 64 Ark. App. 108, 983 S.W.2d 147 (1998).
In order for appellant's probation to be revoked, the State need only prove that the appellant committed one violation of the conditions. Ramsey v. State, 60 Ark. App. 206, 959 S.W.2d 765 (1998); Ross v. State, 22 Ark. App. 232, 738 S.W.2d 112 (1987).
Even if the Rules of Evidence did apply, the evidence was received in the regular course of business, and the custodian who received it testified to its authenticity.
Arkansas Rule of Evidence 803 states, "The following are not excluded by the hearsay rule, even though the declarant is available as a witness." Subsection (6) states:
Records of Regularly Conducted Business Activity. a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. the term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.