Willis v. State

I would reverse and remand this petition for revocation because there is insufficient evidence to support the decision to revoke. The State’s petition as abstracted provided only one basis for the revocation:

The defendant has violated the terms of his probationary sentence in that on August 4, 1999, he committed the offense of Domestic Battery in the First Degree, which occurred after his probationary sentence. (Emphasis added.)

The issue is preserved for our review. On October 11, 2001, the supreme court overruled Miner v. State, 342 Ark. 283, 28 S.W.3d 280 (2000), and held that a motion for…