The opinion
2014 Ark. App. 311
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-13-1011
Opinion Delivered: May 14, 2014
ROY MARTIN BARBER APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-2010-1532]
V.
HONORABLE RANDY F.
STATE OF ARKANSAS PHILHOURS, JUDGE
APPELLEE
AFFIRMED
RHONDA K. WOOD, Judge
This is an appeal from a probation revocation. Roy Barber argues that the circuit
court improperly revoked his probation when it admitted testimony at the revocation
hearing that violated his confrontation rights. Because the court revoked on multiple,
independent grounds, and Barber attacks only one on appeal, we affirm the revocation.
Barber pleaded guilty to possession of marijuana in 2011 and was sentenced to
three years’ probation. In 2013, the State filed a petition to revoke Barber’s probation
based on allegations that Barber had committed two new crimes: possession of marijuana
and battery in the third degree. At the hearing, Barber made a confrontation-clause
objection when the State asked a police officer if the battery victim had made any
statements. The circuit court overruled the objection and allowed the testimony. The
2014 Ark. App. 311
court revoked Barber’s probation after finding that he had committed battery and
possessed marijuana in violation of his probation conditions.
When a circuit court expressly bases its decision on multiple, independent grounds,
and an appellant challenges only one of those grounds on appeal, we affirm without
addressing the merits of the argument. Morgan v. State, 2012 Ark. App. 357. Here, the
circuit court revoked Barber’s probation on two independent grounds: possessing
marijuana and committing battery in the third degree. Barber’s sole argument on appeal
concerns an objection that affected only the battery charge. The objection was irrelevant
to the possession-of-marijuana charge, and Barber does not challenge the finding that he
was in possession of marijuana in violation of his probation. Because Barber failed to
challenge both of the independent grounds relied on by the circuit court in revoking his
probation, we affirm the revocation.
Affirmed.
WALMSLEY and BROWN, JJ., agree.
C. Brian Williams, for appellant.
Dustin McDaniel, Att’y Gen., by: Jake H. Jones, Ass’t Att’y Gen., for appellee.
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