Joseph Burnsed v. State of Arkansas

2025 Ark. App. 44

Opinion

Cite as 2025 Ark. App. 44 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-24-104

Opinion Delivered January 29, 2025 JOSEPH BURNSED APPELLANT APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT V. [NO. 16JCR-18-1065]

STATE OF ARKANSAS HONORABLE CHRIS THYER, JUDGE APPELLEE AFFIRMED

CASEY R. TUCKER, Judge

This is a companion case to Burnsed v. State, 2025 Ark. App. 43, ___ S.W.3d ___,

also handed down today. Joseph Burnsed appeals the Craighead County Circuit Court’s

order revoking his suspended imposition of sentence and sentencing him to twenty years in

the Arkansas Division of Correction, to run concurrently with the three years imposed in

Burnsed, supra, followed by ten years’ suspended imposition of sentence. On appeal he

argues, as he did in the companion case, that the State presented insufficient evidence to

support the circuit court’s finding that he possessed a controlled substance and that he

smoked methamphetamine. We affirm.

On November 26, 2019, Mr. Burnsed pleaded guilty to theft by receiving. The circuit

court imposed a sentence of 360 months’ suspended imposition of sentence. As in the

companion case, the conditions of his suspended sentence included, but were not limited 1 to, not committing a criminal offense punishable by imprisonment; not using, selling,

distributing, or possessing any controlled substance; not associating with any person who is

participating in or is known to participate in the illegal use, sale, distribution, or possession

of controlled substances; and not associating with persons who have been convicted of

felonies or are engaged in criminal activity.

The State filed a petition to revoke Mr. Burnsed’s suspended imposition of sentence

in both Burnsed, supra, and the present case based on the same allegations. The ensuing

revocation hearing was for both cases, and we detailed the pertinent evidence presented in

the companion opinion. Because the facts, the issues on appeal, and the arguments are

exactly the same in both cases, we find it unnecessary to restate them here. For the reasons

set forth in the companion case, we affirm the revocation of Burnsed’s suspended sentence.

Affirmed.

WOOD and BROWN, JJ., agree.

James Barr, for appellant.

Tim Griffin, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for appellee.