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Kidwell Appeal Denied

BY MELANIE BUCK –

A Polk County man’s appeal has been denied after Judge Bart F. Virden of the Arkansas Court of Appeals issued his official opinion on January 18, 2017. Thomas Kidwell had originally pled guilty in January 2015 to Theft of Property and received six years of probation as a result.

In April 2016, a petition was filed to revoke Kidwell’s probation based on several violations of the terms and conditions of his probation.  Kidwell recently appealed the revocation, asserting that the trial court erred.

Included in revocation findings, the state alleged that Kidwell had failed to pay fines, costs, and restitution; failed to report as directed; failed to permit an officer to visit his home or place of employment; failed to obtain permission before changing his residence; failed to refrain from using controlled substances; and failed to refrain from using alcohol.

At the revocation hearing, Brittany Quinn, Kidwell’s probation officer, testified on all of the alleged violations and Kidwell’s probation was revoked. He was remanded to the Arkansas Department of Corrections, where he would serve a six year sentence.

Kidwell argued in appeals that the trial court erred in determining that he had inexcusably violated a condition of his probation. Kidwell stated that his failure to pay fines, costs and restitution should be excused because he was on disability and supervision fees had been waived. Although Kidwell had arguments for each violation, Judge Virden sided with the state.

In Judge Virden’s opinion, he said Kidwell had, “violated mre than one of [the conditions] even if you cut him some slack on a couple of things.” He added, “only one violation was necessary, and either of the violations discussed was sufficient to uphold the revocation of Kidwell’s probation” and they “need not address the other alleged violations.”

Kidwell remains in the custody of the Arkansas Department of Corrections.

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