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Holmes v. State11/1/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Tarsherick Holmes appeals from an order of Crittenden County Circuit Court revoking his probation and suspended imposition of sentences and sentencing him to forty years in the Arkansas Department of Correction. On appeal, he argues that the trial court erred in failing to consider the presumptive sentences as listed on the Arkansas sentencing grid, making improper findings in its departure report, and imposing an "overly harsh" sentence, which he describes as a "one thousand (1,000%) to two thousand (2,000%) percent deviation from the presumptive sentence," that was not justified. We affirm.
Because Holmes does not argue that there was insufficient evidence to revoke his probation and suspended imposition of sentences, only a brief recitation of the facts is necessary. On July 28, 1997, Tarsherick Holmes pled guilty to two counts of residential burglary and two counts of Class C felony theft. Holmes was placed on 120 months' probation for one of the burglary convictions, and imposition of sentence was suspended on the other three counts for 120 months. His probation and suspended sentences were conditioned on, among other things, his good behavior, regular reporting to his probation officer, and his payment of his fines, court costs, and probation fee. On November 15, 1999, the State filed an amended petition to revoke Holmes's probation and suspended imposition of sentence, alleging failure to report to his probation officer; failure to pay fines, costs, and probation fees; failure to notify the sheriff and his probation officer of his current address and employment; failure to write a letter of apology; and committing the offenses of aggravated assault, felon in possession of a firearm, and two counts of second-degree battery.
At Holmes's revocation hearing, his probation officer, Roscoe Jackson, testified that Holmes had only made three of his monthly probation appointments in the twenty-nine to thirty months since July of 1997. Jackson also stated that Holmes was behind in his payments on his supervision fee. Kathy McCorkle testified that she was the custodian of the criminal fee bills for the Crittenden County Sheriff's Department, and she stated that her records showed that Holmes had not made any payments on his fine and court costs since July of 1997. She also stated that Holmes had not contacted her about these payments. Alissia Todd, Holmes's fiancee, testified that on October 8, 1999, the police were summoned to a disturbance, at which time she made a hand-written statement to police stating that Holmes fired a gun at her three times. She claimed, however, that she still loved Holmes and that she was angry with him when she made the statement because Holmes was with another woman. Jeffrey Mark Karo testified that Holmes attacked and beat him while he was incarcerated with Holmes at the Crittenden County Detention Center. According to Karo, Holmes battered him after he refused to give Holmes his food. Karo stated that he suffered a broken jaw in the altercation and had to have his mouth wired shut for a month. Pictures of Karo were admitted into evidence showing that in addition to his broken jaw, Karo suffered a cut or contusion on the top of his head.
Testifying in his own defense, Holmes admitted that he missed "several" probation meetings, but asserted that "several" of the missed appointments were due to the fact that he was incarcerated. He denied assaulting Todd and claimed that he was not the aggressor in his altercation with Karo, although he admitted that he hit Karo "once." Holmes claimed he had no idea how Karo's jaw was broken, however, he admitted that he did not see anyone else hit Karo.<
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