Mark Tyson v. State of Arkansas ( 2024 )

Cite as 2024 Ark. App. 421ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-24-11
MARK TYSON Opinion Delivered September 18, 2024
APPELLANT
APPEAL FROM THE ASHLEY
COUNTY CIRCUIT COURT
V. [NO. 02CR-20-38]
STATE OF ARKANSAS HONORABLE ROBERT B. GIBSON III,
APPELLEE JUDGE
AFFIRMED
RAYMOND R. ABRAMSON, Judge
Mark Allen Tyson appeals the Ashley County Circuit Court’s revocation of his
suspended sentence. On appeal, Tyson argues that the State presented insufficient evidence
that he violated a condition of his suspended sentence. We affirm.
On June 5, 2020, Tyson pled guilty to possession of a controlled substance. He was
sentenced to four months in the community correction facility with an additional thirty-six
months’ suspended sentence.
On July 17, 2023, the State petitioned to revoke Tyson’s suspended sentence, alleging
that he committed third-degree domestic battery against Brandie Jackson on June 24, 2023.
On October 10, the court held a revocation hearing. Officer Derek Hill testified that
he responded to a domestic-disturbance call at Betty Tyson’s home. He explained that when
he arrived, he saw Tyson and Brandie yelling, and he saw marks on Brandie’s neck. Officer
Hill testified that he arrested Tyson and that Tyson admitted he had kicked Brandie in her
stomach.
Betty Tyson testified that she is Tyson’s grandmother and that she called 911 on June
24, 2023, to report an altercation between Brandie and Tyson. She explained that Tyson
tried to choke Brandie and that he also “jumped” her. She specified that Tyson kicked
Brandie in her stomach with his boot, knocking Brandie to the ground. She stated that
Brandie had knots on her forearm and forehead and marks on her neck. On cross-
examination, Betty specified that the dispute between Brandie and Tyson lasted for about
fifteen minutes and that both Brandie and Tyson were hitting each other.
Brandie testified on Tyson’s behalf and stated that she is in a relationship with Tyson.
She denied that Tyson had choked or hit her at Betty’s house, and she explained that the
marks on her neck were from sex. She stated that Betty is confused.
Tyson testified and denied having physically harmed Brandie. He explained that he
and Brandie had only a verbal disagreement about her roommates’ stealing items from his
truck.
At the conclusion of the hearing, the court found that Tyson had violated his
suspended sentence. The court credited Betty’s testimony, and it found Tyson’s and
Brandie’s testimony not credible. The court sentenced Tyson to ten years in prison. This
appeal followed.
On appeal, Tyson argues that the State presented insufficient evidence that he
violated a condition of his suspended sentence by committing third-degree domestic battery
2
against Brandie. He points out that the State did not introduce any exhibits and that the
court relied only on testimony evidence. He asserts that his and Brandie’s testimony
contradicts Betty’s testimony.
In a revocation hearing, the State must prove its case by a preponderance of the
evidence. Ingram v. State, 2009 Ark. App. 729, 363 S.W.3d 6. A circuit court may revoke a
defendant’s suspended sentence if it finds by a preponderance of the evidence that the
defendant has inexcusably failed to comply with a condition of his suspended sentence. Id.The State bears the burden of proof but need only prove that the defendant committed one
violation of the conditions. Id.When appealing a revocation, the appellant has the burden of showing that the circuit
court’s findings are clearly against a preponderance of the evidence. Id. Evidence that is
insufficient for a criminal conviction may be sufficient for the revocation of a suspended
sentence. Id. Since the determination of a preponderance of the evidence turns on questions
of credibility and the weight to be given testimony, we defer to the circuit court’s superior
position. Id. Inconsistent testimony does not render proof insufficient as a matter of law,
and one eyewitness’s testimony is sufficient to sustain a conviction. Harmon v. State, 340 Ark.
18, 8 S.W.3d 472 (2000).
A person commits third-degree domestic battery if with the purpose of causing
physical injury to a family or household member, the person causes physical injury to a family
or household member. Ark. Code Ann. § 5-26-305(a)(1) (Supp. 2023). “Physical injury” is
3
defined in part as the infliction of substantial pain or inflicting bruising, swelling, or a visible
mark associated with physical trauma. Ark. Code Ann. § 5-1-102(14)(B) & (C) (Supp. 2023).
In this case, we hold that the circuit court did not err in finding that Tyson violated
a condition of his suspended sentence by committing third-degree domestic battery. Betty
testified that Tyson tried to choke Brandie and kicked her in her stomach, knocking her to
the ground. Officer Hill also testified that Tyson admitted he had kicked Brandie in her
stomach. Moreover, both Officer Hill and Betty testified that Brandie had visible marks and
knots on her body. The circuit court specifically credited Betty’s testimony over Tyson’s and
Brandie’s testimony. Credibility determinations are left to the circuit court, and we will not
reweigh the evidence on appeal. Simmons v. State, 2024 Ark. App. 42, 683 S.W.3d 231.
Accordingly, we affirm the circuit court’s revocation of Tyson’s suspended sentence.
Affirmed.
KLAPPENBACH and BROWN, JJ., agree.
K. “Presley” Hager Turner, for appellant.
Tim Griffin, Att’y Gen., by: Kent G. Holt, Ass’t Att’y Gen., for appellee.
4