Block v. State

2015 Ark. App. 83, 455 S.W.3d 336, 2015 Ark. App. LEXIS 117
CourtCourt of Appeals of Arkansas
DecidedFebruary 11, 2015
DocketCR-13-1030
StatusPublished
Cited by18 cases

This text of 2015 Ark. App. 83 (Block 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
Block v. State, 2015 Ark. App. 83, 455 S.W.3d 336, 2015 Ark. App. LEXIS 117 (Ark. Ct. App. 2015).

Opinion

LARRY D. VAUGHT, Judge

|,Appellant John Everett Block appeals his convictions of possession of marijuana and simultaneous possession of drugs and firearms. He challenges whether the State presented sufficient evidence of his possession of marijuana to support both convictions. We affirm.

Block was tried by a jury in the Circuit Court of Hempstead County over two days in July 2013. John Weaver, an officer with the Hope Police Department, testified that on December 22, 2012, at approximately 7:00 p.m., he responded to a dispatch call reporting shots fired on North Walker Street in Hope. While proceeding toward North Walker Street, he received another call saying that someone needed assistance on Dairy Street. He was passing Dairy Street at the time and was able to reach the location near the intersection of Dairy Street and Graham Street less than a minute after the call. Weaver testified that upon his arrival at the location he observed a vehicle in a ditch with several bullet holes in the windshield. He initially did not see any people at the scene. He testified that after exiting his patrol car and approaching the scene, a man he [Jater identified as Block came out from behind a shed to Weaver’s left. Weaver testified that the shed is approximately fifteen to twenty yards from the road. There were no houses or other buildings around it.

Weaver testified that within a minute of his arrival at the scene, two other officers arrived. They began looking for evidence and made contact with Block. Weaver testified that Block initially stated that someone had shot at him several times and that Block had taken off running. Sergeant Daniel Oiler testified that Block later said he had been traveling southbound on Graham Street when an off-white car began driving erratically, threatening to hit him. He said he activated his car’s horn, and the off-white car stopped on Hickory Street. Block told Oiler that someone got out of the car, slipped down into a ditch, fired one shot in the air, then stood up and began firing at Block’s car. Oiler testified that Block said he backed his car down Graham Street until it stopped in the ditch. When Oiler told Block about his observation that the evidence at the scene indicated that some of the shots were fired from inside the car, 1 Block admitted that he had a firearm and had returned fire. He indicated that he had thrown the gun in the bushes near a fence row directly across the street from the shed.

The officers testified that they then began searching for the gun. When they could not locate it in the bushes near the fence, Oiler asked Block if he was sure he had thrown the gun there. The officers began expanding their search. Oiler testified that Block then began to act nervous. Block made spontaneous, unprovoked utterances about how he was going to spend Christmas in jail. Oiler testified that Block’s behavior made Oiler nervous, especially since the | aofficers had not recovered the firearm. For the officers’ safety, Oiler placed Block in handcuffs and performed a Terry frisk to check for weapons. During the frisk, Oiler felt a large bulge in Block’s clothing, which Block stated was approximately seventeen hundred dollars in cash.

The officers expanded their search for the weapon to the area behind the shed where Weaver had first observed Block. Oiler testified that he discovered a white plastic trashbag behind the shed. Oiler testified that, although it had been raining earlier that day and the ground was wet and muddy, the plastic bag was clean and dry. He testified that leaves near the bag held standing water, but there was no water on the bag. Inside the bag, he found seven Ziploc bags filled with a leafy green substance that was later confirmed to be marijuana. The officers collected the evidence and placed Block under arrest. Based upon crime-lab testing, the parties stipulated at trial that the trashbag contained a total of 6.96 pounds of marijuana.

Detective Andrew Watson testified that he interviewed Block after his arrest. A recording of this interview was played for the jury. During the interview, Watson repeatedly implied that the shooting was motivated by Block’s possession of a large amount of marijuana, suggesting that a man named Willie Pree had attempted to rob Block of the drugs and money he was carrying. Block never admitted to possessing any drugs.

At the close of the State’s case, Block’s attorney moved for a directed verdict, arguing that the State had failed to present sufficient evidence to prove that Block possessed or had control of the marijuana discovered behind the shed. He also argued that there was no evidence that Block possessed a handgun. 2 The court denied the motion.

|4The defense recalled Sergeant Oiler, who testified that the money discovered on Block was not initially confiscated. He stated that Block gave his personal belongings, including the money, to his mother, Gwendolyn Brooks, who appeared at the scene. After Block was arrested, the officers recovered the money from Brooks. Brooks testified that she had given Block some money a week or two before the shooting. She stated that the money had come from the sale of cows she owned.

Whitney Coleman testified that, while working at a store in Hope earlier on the day of the shooting, Willie Pree came in looking for Block. She testified that Pree was with three men she did not recognize, driving a gold Malibu. Willie Pree testified that earlier on the day of the shooting he had been with acquaintances from Little Rock who had a large quantity of drugs they wanted to sell to Block. He testified that he did not know if these men ever made contact with Block that day or whether they sold drugs to Block.

At the close of all the evidence, Block’s attorney renewed his motion for directed verdict. The court again denied the motion. The jury convicted Block of possession of a controlled substance with intent to deliver and simultaneous possession of drugs and firearms. Block filed a timely notice of appeal.

An appeal from the denial of a motion for directed verdict is treated as a challenge to the sufficiency of the evidence. Bangs v. State, 338 Ark. 515, 518, 998 S.W.2d 738, 741 (1999). We will affirm the denial of a motion for directed verdict if substantial evidence, either direct or circumstantial, supports the conviction. Harmon v. State, 340 Ark. 18, 22, 8 S.W.3d 472, 474 (2000). Substantial evidence is evidence which would compel a conclusion one way or the other |fiwith reasonable certainty, without relying upon mere speculation or conjecture. Id., 8 S.W.3d at 474. We view the evidence in the light most favorable to the State and consider only evidence supporting the verdict. Butler v. State, 2009 Ark. App. 695, at 5, 371 S.W.3d 699, 702. Inconsistent evidence does not render proof insufficient. Williams v. State, 351 Ark. 215, 222-223, 91 S.W.3d 54, 58-59 (2002). Circumstantial evidence may provide the basis for a conviction if it is consistent with the defendant’s guilt and inconsistent with any other reasonable explanation of the crime. Harris v.

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Bluebook (online)
2015 Ark. App. 83, 455 S.W.3d 336, 2015 Ark. App. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/block-v-state-arkctapp-2015.