Arkansas Court of Appeals, 2025

Joseph Burnsed v. State of Arkansas

Joseph Burnsed v. State of Arkansas
Arkansas Court of Appeals · Decided January 29, 2025
2025 Ark. App. 44

Joseph Burnsed v. State of Arkansas

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 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.