Cite as 2022 Ark. App. 504

ARKANSAS COURT OF APPEALS

DIVISION II

No. CR-22-165

RAYFORD PRYOR, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered December 14, 2022

APPEAL FROM THE CROSS 

COUNTY CIRCUIT COURT 

[NO. 19CR-19-169]

HONORABLE CHRISTOPHER W.

MORLEDGE, JUDGE

REVERSED

RAYMOND R. ABRAMSON, Judge

The Cross County Circuit Court revoked the probation of Rayford Pryor, Jr., and 

sentenced him to six years’ imprisonment. On appeal, Pryor argues that the State failed to 

prove that he had violated the conditions of his probation. We agree and reverse. 

In May 2019, Pryor was placed on probation after pleading guilty to tampering with 

physical evidence, a Class D felony. On November 4 , 2019, the State petitioned to revoke 

Pryor’s probation, alleging nonpayment of fines, fees, and court costs; additional felony 

charges acquired on September 13, 2019; and that he is engaging in or has engaged in 

behavior that poses a threat to the community.
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The circuit court held a revocation hearing on June 30, 2021.1 The only two witnesses 

at the hearing were Officer Eric Moore of the Cross County Sheriff’s Department and 

Sergeant Steven Hallmark of the Wynne Police Department. Officer Moore testified to an 

incident that occurred at the home of Veronica Crumely on September 13, 2019. Officer 

Moore testified that he found methamphetamine and drug paraphernalia in or near a shed 

in the back of Crumely’s home where Pryor and others were located. Officer Moore did not 

testify that Pryor had acquired additional felony charges or that Pryor was engaged in 

behavior that poses a threat to the community. 

Sergeant Hallmark testified that Pryor told him where the methamphetamine and 

drug paraphernalia were located in the shed. On cross-examination, Sergeant Hallmark 

testified that Pryor never admitted having the items in his possession and that he could not 

state that the items belonged to Pryor. Sergeant Hallmark testified that he did not arrest 

anyone that day. After hearing the testimony from the two law enforcement officers, the 

court found that the allegations in the petition had been proved and sentenced Pryor to six 

years’ imprisonment. This appeal followed, and Pryor challenges the sufficiency of the 

evidence supporting the revocation of his probation. 

A circuit court may revoke a defendant’s probation at any time prior to the expiration 

of the period of probation if it finds by a preponderance of the evidence that the defendant 

 

1The State filed an amended petition for revocation the day before this hearing, but 

the circuit court ruled that it would only consider the 2019 petition at the hearing, and the 

State would be limited to the allegations filed in that petition. 
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has inexcusably failed to comply with a condition of the probation. Springs v. State, 2017 Ark.

App. 364, 525 S.W.3d 490; Ark. Code Ann. § 16-93-308(d) (Supp. 2021). The State’s burden 

of proof in a revocation proceeding is less than is required to convict in a criminal trial, and 

evidence that is insufficient for a conviction may be sufficient for a revocation. Vangilder v. 

State, 2018 Ark. App. 385, 555 S.W.3d 413. When the sufficiency of the evidence is 

challenged on appeal from an order of revocation, the circuit court’s decision will not be 

reversed unless its findings are clearly against the preponderance of the evidence. McClain v.

State, 2016 Ark. App. 205, 489 S.W.3d 179. On appeal, Pryor argues that the bases relied 

on by the circuit court to revoke his probation are unsupported by the evidence. 

The State first alleged in its petition to revoke that Pryor had violated the terms of his 

probation by nonpayment of fines. In its appellate brief, the State concedes that no evidence 

was presented on this claim. Therefore, the revocation of Pryor’s probation on the basis of 

his failure to pay fines, fees, and court costs, was not proved by a preponderance of the 

evidence and cannot stand as a basis for Pryor’s revocation.

In its petition for revocation, the State also alleged that Pryor had violated the terms 

of his probation by “[a]dditional [f]elony charges acquired on September 13, 2019.” Pryor

argues that the State failed to present evidence on this basis. We agree. 

The two witnesses at the hearing, Officer Moore and Sergeant Hallmark, both 

testified about their interaction with Pryor on September 13, 2019, but neither testified that 

Pryor was arrested or that he acquired additional felony charges. On cross-examination, 

Sergeant Hallmark testified that Pryor never admitted the contraband items belonged to 
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him. Further, Sergeant Hallmark testified that he could not say that the items found 

belonged to Pryor. There was no testimony presented or introduced that any additional 

felony charges were filed against Pryor as a result of his conduct on September 13, 2019.

Given the record before us, we hold that the circuit court’s finding of a violation on this 

basis was clearly against the preponderance of the evidence. 

The State’s final basis for revocation was that Pryor “is engaging in or has engaged in 

behavior that poses a threat to the community.” The two witnesses at the probationrevocation hearing testified about incidents involving the location and existence of possible 

methamphetamine and possible drug paraphernalia; however, there was no testimony or 

reference to prove any threat to the community. Because there was a lack of evidence that 

Pryor’s behavior poses a threat to the community, we conclude that the circuit court’s finding 

of a violation based on this alleged threat was clearly against the preponderance of the 

evidence.

Consequently, we hold that the circuit court clearly erred in finding that Pryor had 

violated the conditions of his probation as alleged by the State. We therefore reverse the 

revocation of Pryor’s probation and the resulting sentence. 

Reversed.

GLADWIN and MURPHY, JJ., agree.

Jerry D. Roberts, for appellant.

Leslie Rutledge, Att’y Gen., by: Christopher R. Warthen, Ass’t Att’y Gen., for appellee.