Benton v. State

388 S.W.3d 488, 2012 Ark. App. 71, 2012 Ark. App. LEXIS 172
CourtCourt of Appeals of Arkansas
DecidedJanuary 18, 2012
DocketNo. CA CR 11-404
StatusPublished
Cited by4 cases

This text of 388 S.W.3d 488 (Benton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benton v. State, 388 S.W.3d 488, 2012 Ark. App. 71, 2012 Ark. App. LEXIS 172 (Ark. Ct. App. 2012).

Opinions

DOUG MARTIN, Judge.

h An Arkansas County jury found appellant Gary Benton guilty of second-degree forgery and theft by receiving, and he was sentenced as a habitual offender to serve thirty years’ imprisonment on each count, with those sentences running consecutively. Benton raises the following arguments on appeal: (1) there was insufficient corroboration through accomplice testimony to support his conviction for second-degree forgery, and (2) there was insufficient evidence to support his theft-by-receiving conviction. We affirm.

The State charged Benton with second-degree forgery with respect to a check in the amount of $150 belonging to Elear May Racy and with theft by receiving in connection with a gold ring owned by Racy, valued in excess of $500 but less than $2,500, that was found in Benton’s possession. Both charges were Class C felonies.1 The State further charged Benton Ras a habitual offender, alleging that Benton had previously been convicted of four or more felonies.

At trial, Racy testified that David Hughes was her brother-in-law and that Benton was Hughes’s brother. Racy recalled that, in June 2009, Hughes and Benton came to her home and helped her remove fallen tree limbs from her backyard. Racy testified that the two men came inside her house for a glass of water when they were finished with the task. They entered through the back door, which was only a few feet from Racy’s bedroom, and the men exited Racy’s house through the front door.

Racy further testified that, on December 11, 2009, her house was broken into while she was at a funeral in Little Rock. Before leaving for the funeral, Racy left some jewelry on top of her dresser after deciding not to wear the jewelry to the funeral. When Racy came home, she went into her bedroom and saw broken glass and two rocks beside her dresser. Racy also saw that the jewelry she had left on the dresser was missing. Racy called the police and reported that her jewelry had been stolen. Racy testified that she was not aware that anything else was missing from her home at that time. On December 15, 2009, however, Racy checked her bank account balance and realized that blank checks had also been stolen from her home. Racy specifically testified that she thought the checkbooks were in her home as recently as December 7, 2009.

According to Racy, a printout from her bank revealed that someone had written a check in the amount of $150 from her bank account. Racy stated that the signature on the check was not hers and that she did not authorize anyone to write a check from her bank |saccount. Racy testified that she did not know Marsha Stigger, whose endorsement appeared on the back of the check. •

Further, Racy testified that the police had recovered a gold ring belonging to her. Racy testified .that she had acquired the ring in 1993 and paid $800 or $900 for it.

Marsha Stigger, a felon on parole and admitted crack-cocaine addict, testified that she was charged with forgery with respect to the $150 check because she had cashed the check at the A-Z Mart in Stuttgart on December 12, 2009. Stigger testified that she had known Benton for more than twenty years and that he had given her the check. According to Stigger, Benton owed her $50 for previously “turning] a trick.” Stigger testified that Benton approached her with the check, claiming that the check belonged to his girlfriend, and that she should cash it and take her $50 from the check. Stigger stated that the check was “all made out” and that the payee was A-Z Mart and the memorandum line indicated it was for “house clean.” Stigger testified that Benton took her to the A-Z Mart, she endorsed the back of the check, and she cashed it and purchased cigarettes and beer. Stigger kept her $50 and gave the rest to Benton. Stigger testified, “Any suspicions I had about cashing the check, my addictions might have led me to go ahead and cash it anyway.” According to Stigger, after she cashed the check, Benton asked her to cash another check approximately fifteen minutes later. Stigger testified that the second check reflected “the same name and stuff.” Stig-ger refused to cash the second check.

Jason Sandine, a Stuttgart police officer, testified that he spoke with Racy following the initial report of stolen property. Specifically, Sandine stated that Racy came to him on |4Pecember 15, 2009, to discuss a check cashed at the A-Z Mart for $150. Sandine testified that the police report was supplemented to include the missing checks discovered by Racy subsequent to the report of the missing jewelry. San-dine saw Stigger’s name on the bank printout provided by Racy and asked Stigger about the check written for $150. Sandine testified that Stigger told him that Benton had given her the check and she had cashed it. Sandine ran a background check on Benton and discovered that his license was currently suspended and he had two outstanding warrants for his arrest. Sandine and another officer subsequently approached Benton at a car wash and arrested him. In a search incident to arrest, Sandine was pulling a napkin or paper towel from Benton’s pocket when Benton blurted out that he had found “that” on the ground. Sandine was expecting to see drugs, but, instead, a gold ring fell onto the ground. Sandine recalled that some jewelry was missing from Racy’s home, so he confirmed that the ring found in Benton’s possession belonged to Racy. Sandine testified that he did not believe Benton’s explanation as to how he came to have the ring in his possession.

Benton moved for directed verdicts with respect to both charges, and the trial court denied his motions. The jury then convicted Benton of second-degree forgery and theft by receiving.

Benton argues that the trial court erred in denying his motions for directed verdict. On appeal, we treat a motion for directed verdict as a challenge to the sufficiency of the evidence. Lewis v. State, 2009 Ark. App. 504, 323 S.W.3d 640. We will affirm the trial court’s denial of a motion for directed verdict if there is substantial evidence, either direct or circumstantial, | ¿to support the jury’s verdict. Id. Substantial evidence is evidence forceful enough to compel a conclusion one way or the other beyond speculation or conjecture. Page v. State, 2009 Ark. 112, 313 S.W.3d 7. Furthermore, the appellate court views the evidence in the light most favorable to the verdict, and only evidence supporting the verdict will be considered. Id.

We make no distinction between circumstantial and direct evidence when reviewing for sufficiency of the evidence. Booker v. State, 335 Ark. 316, 984 S.W.2d 16 (1998). Circumstantial evidence may constitute substantial evidence to support a conviction. Brunson v. State, 368 Ark. 313, 245 S.W.3d 132 (2006). The longstanding rule is that, for circumstantial evidence to be sufficient, it must exclude every other reasonable hypothesis consistent with innocence. Ross v. State, 346 Ark. 225, 57 S.W.3d 152 (2001). Whether the evidence excludes every other reasonable hypothesis is left to the jury to determine. Id.

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Bluebook (online)
388 S.W.3d 488, 2012 Ark. App. 71, 2012 Ark. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-state-arkctapp-2012.