Lockett v. State

2022 Ark. App. 41

639 S.W.3d 879

Willie LOCKETT, Jr., Appellant

v.STATE of Arkansas, Appelle

No. CR-21-409

Court of Appeals of Arkansas, DIVISION IV.

Opinion Delivered February 2, 2022

Robert N. Jeffrey, Attorney at Law, Camden, by: Robert N. Jeffrey, for appellant.

Leslie Rutledge, Att'y Gen., by: Walker H. Hawkins, Ass't Att'y Gen., for appellee.

RAYMOND R. ABRAMSON, Judge

Willie Lockett, Jr., appeals the Faulkner County Circuit Court order revoking his probation. On appeal, Lockett argues that the circuit court erred by finding that he willfully violated the conditions of his probation. We affirm.

On January 14, 2013, Lockett pled nolo contendere to second-degree domestic battery. He was sentenced to seventy-two months’ probation. On September 28, 2018, the court found that Lockett had violated his probation and sentenced him to an additional twelve months’ probation. On February 14, 2020, the court again found that Lockett had violated his probation and sentenced him to an additional twelve months’ probation.

On June 16, the State filed a third petition to revoke Lockett's probation alleging that he evaded supervision, failed to cooperate with the probation office, and failed to pay fees and court fines.

On March 1, 2021, Lockett petitioned for a fitness-to-proceed examination, and on March 2, the court ordered the examination. On April 14, a forensic examination in which Dr. Ed Stafford found Lockett fit to proceed with the revocation proceedings was filed in the circuit court.

The court held a revocation hearing on May 28. At the hearing, Preston Jones testified that he was Lockett's probation officer from 2014 through June 2020. He explained that following Lockett's probation revocation in February 2020, Lockett did not show for community service at the Forrest City Police Department in March 2020. He stated that on March 23, a letter was sent to Lockett directing him to report on March 26 and to pay his $350 delinquent supervision fee but that Lockett did not report. Jones testified that on April 1, an officer conducted a home visit at Lockett's residence, but no one was home. The officer left a note directing Lockett to report on April 6, but Lockett did not report. Jones explained that on May 20, an officer called Lockett, but no contact was made.

On cross-examination, Jones explained that he worked in the Faulkner County office but that Lockett's supervision was transferred to the St. Francis County office in February 2020 because Lockett moved to live with his family. Jones further acknowledged that Lockett has mental-health issues, but Jones testified that Lockett understood the directions to report for probation.

Lockett testified that he had been diagnosed with schizophrenia and intellectual disabilities. He stated that he takes four different medications and that when he does not take the medications, he has a "problem talking to myself, I have a problem jumping and shaking. I catch a lot of dizzy spells. I have to shake my head real hard in order for me to sleep." He stated that he also has difficulties understanding and taking instructions.

Lockett stated that he appeared for community service at the Forrest City Police Department but that "no one ever showed up" and that he also reported to probation in Forrest City on two occasions, but he could not recall the exact dates. Lockett testified that he did not thereafter follow up with probation. He stated, "I was never supposed to be on probation in the first place. Little Rock State Hospital diagnosed me [with] schizophrenia and mental retarded."

On cross-examination, Lockett acknowledged that Jones gave him probation instructions and that he understood those instructions. He stated that he reported for community service at the police department, and when no one showed up, "[he] just decided to stop reporting."

Following Lockett's testimony, he moved to dismiss the petition to revoke and argued that because he has mental illnesses, he did not willfully violate his probation. The court denied the motion and revoked Lockett's probation. The...