Revoke of Suspended Sentence or Probation Arkansas
In order to revoke a suspended sentence or probation, the trial court must find by a preponderance of the evidence that the defendant failed to comply with the conditions of his suspension, and the court will not reverse the decision on appeal unless it is clearly against the preponderance of the evidence. Ark. Code Ann. 5-4-309 (Repl. 1997); Kirby v. State, 52 Ark. App. 161, 915 S.W.2d 736 (1996); Alford v. State, 33 Ark. App. 179, 804 S.W.2d 370 (1991); Phillips v. State, 25 Ark. App. 102, 752 S.W.2d 301 (1988).
Since a determination of the preponderance of the evidence turns on questions of credibility and weight to be given the testimony, this court defers to the trial court's superior position. Hyde v. State, 59 Ark. App. 131, 953 S.W.2d 911 (1997).
Evidence that is insufficient to support a criminal conviction might nevertheless be sufficient to support a revocation. Billings v. State, 53 Ark. App. 219, 921 S.W.2d 607 (1996).