The Arkansas Court of Appeals has dismissed the appeal of a Pine Bluff man sentenced to prison for violating conditions of his probation.
Appeals Court Chief Judge Robert J. Gladwin ruled that the appeal of Timothy Wise had no merit. Gladwin also allowed Wise’s attorney to withdraw from the case.
Wise was charged with violating the Arkansas Hot Check Law in 2002, and was sentenced to 60 months probation.
In 2009, he was charged with violating the conditions of that probation by testing positive for marijuana, failing to report to his probation officer, failing to perform any of his 120 hours of community service and being behind on fines, fees, costs and restitution.
An order was entered continuing Wise’s probation for 12 months and in April, 2011, a second petition was filed seeking to revoke Wise’s probation. He was again accused of failing to report to his probation officer, failing to report his place of residence accurately, failing to report to substance abuse classes and being behind on fines, fees, costs and restitution.
At a hearing, Circuit Judge Berlin C. Jones withheld sentencing for 90 days to allow Wise to get current, and told him to make payments, report to his probation officer, do some community service and attend the drug program.
When he appeared for sentencing, Wise’s probation officer reported that Wise was still not in compliance with the conditions of his probation because he had tested positive for marijuana and was still delinquent in fines, fees, costs and restitution.
At that hearing, Wise claimed that he could not obtain help with his drug addition problem through the probation office, despite his repeated requests.
Jones ordered a review date for a month later, told Wise to make his best effort to enter a drug treatment program through the probation office and warned that failure to make progress with controlling his drug problem would result in his incarceration. He was also told that he could not smoke marijuana anymore, effective immediately.
At that hearing, Wise’s probation officer testified that while the levels in Wise’s system had decreased, Wise admitted that he had smoked marijuana after a relative died, and had also misrepresented that he was working when he had been suspended from work. In addition, he was still delinquent on fines, fees, costs and/or restitution.