Jones v. State

35 S.W.3d 345, 72 Ark. App. 271, 2000 Ark. App. LEXIS 806
CourtCourt of Appeals of Arkansas
DecidedDecember 20, 2000
DocketCA CR 99-1119
StatusPublished
Cited by5 cases

This text of 35 S.W.3d 345 (Jones 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
Jones v. State, 35 S.W.3d 345, 72 Ark. App. 271, 2000 Ark. App. LEXIS 806 (Ark. Ct. App. 2000).

Opinions

Margaret Meads, Judge.

Appellant, Broderick Jones, was convicted by an Izard County jury of attempted capital murder, battery in the second degree, and two counts of terroristic threatening in the first degree. He was sentenced to thirty years on the attempted capital murder charge, six years on the battery charge, and six years on each of the terroristic threatening charges, with the sentences to run consecutively. On appeal, he contends that there is insufficient evidence to support all of the convictions, and that the trial court erred in allowing evidence of a prior offense to be admitted into evidence.

At the time of the offenses, appellant was incarcerated in the North Central Unit of the Arkansas Department of Correction in Calico Rock, Arkansas, serving time for murder in the second degree. Former inmate Ronnie Howard testified that on October 29, 1997, appellant came into one of the prison classrooms and said he was going to “show those guys” he was not weak. Appellant then kicked a table leg from a computer table, grabbed the table leg, proceeded to the office, and struck Officer William Waters twice on the head. John Hill, an instructor/administrator who was in the office at the time, testified that Waters screamed he was paralyzed and could not see, and it appeared to him that Waters was badly injured. Appellant continued into the room with the table leg over his shoulder, ready to swing it like “a baseball bat or a chopping •axe.” Holding an office chair with the legs pointed in front of him, Hill advanced toward appellant; appellant then retreated into the hall where he was confronted by Joe Grabowski, another instructor at the prison. Grabowski testified that appellant was holding the table leg high in the air “like a Louisville Slugger” and appeared to be agitated and angry. Grabowski ordered appellant to put the table leg down, and appellant told him, “Stay away from me, bitch.” Hill also heard appellant say, “I’ll kill you, bitch.” As appellant retreated down the hallway toward a door leading outside, Officers Goggans and Lively came through the door. According to Grabowski, appellant swung the table leg and hit Goggans in the side of the face “like somebody that was trying to smash a watermelon, bust a pumpkin wide open.” Appellant was eventually subdued with pepper spray.

Appellant contends there is insufficient evidence to support any of his convictions. We disagree. For evidence to be sufficient, there must be substantial evidence to support the verdict. Mulkey v. State, 330 Ark. 113, 952 S.W.2d 149 (1997). Evidence is substantial if it is forceful enough to compel a conclusion one way or the other beyond suspicion and conjecture. Id. In determining whether the evidence is substantial to support a conviction, this court views the evidence in the fight most favorable to the appellee, only considering the evidence that supports the guilty verdict. Akins v. State, 330 Ark. 228, 955 S.W.2d 483 (1997).

Appellant first argues that there is insufficient evidence to support his conviction for attempted capital murder. A person commits capital murder if, with the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, or prison official, when such person is acting in the fine of duty, he causes the death of any person. Ark. Code Ann. § 5-10-101 (a) (3) (Repl. 1997). A person attempts to commit an offense if he “purposely engages in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as he believes them to be.” Ark. Code Ann. § 5-3-201 (a)(2) (Repl. 1997).

In his brief, appellant argues that not only did the State fail to prove that he acted with the premeditated and deliberated purpose necessary to be convicted of attempted capital murder, but also that there was no evidence Waters’s injuries were life-threatening. The only one of these arguments preserved for appeal is that appellant did not have the necessary intent to be convicted of attempted capital murder, because that was the only argument made in appellant’s motions for directed verdict at trial. Our law is well settled that we will not consider an argument raised for the first time on appeal and that a party is bound by the scope and nature of the arguments made at trial. Pyle v. State, 340 Ark. 53, 8 S.W.3d 491 (2000).

Appellant argues that his actions do not support the finding of premeditated and deliberated purpose because he acted impulsively and on the spur of the moment, and he struck Waters only twice. He contends that if it had been his intent to end Waters’s life, he would have struck additional blows instead of retreating.

A person’s intent or state of mind at the time of an offense is seldom apparent. Tarentino v. State, 302 Ark. 55, 786 S.W.2d 584 (1990). One’s intent or purpose, being a state of mind, can seldom be positively known to others, so it ordinarily cannot be shown by the facts and circumstances in evidence. Kendrick v. State, 37 Ark. App. 95, 823 S.W.2d 931 (1992). Since intent cannot ordinarily be proven by direct evidence, the jurors are allowed to draw upon their common knowledge and experience to infer intent from the circumstances. Robinson v. State, 293 Ark. 243, 737 S.W.2d 153 (1987). Because of the difficulty in ascertaining a person’s intent, a presumption exists that a person intends the natural and probable consequences of his acts. Tarentino, supra. The intent to commit the offense may be inferred from the defendant’s conduct and the surrounding circumstances. Durham v. State, 320 Ark. 689, 899 S.W.2d 470 (1995). Premeditation need not exist for a particular length of time; it may be formed in an instant. Bangs v. State, 338 Ark. 515, 998 S.W.2d 738 (1999).

Here, there was evidence that Officer Waters served on a committee that disciplined appellant only two days before the incident and that appellant was unhappy with the outcome. The jury could infer that appellant formed his premeditated intent at that time, and the first time he was able to act upon that intent was two days later, when he grabbed the leg from the computer table and used it as a club, striking Waters in the head. Thus, there is suffi-dent evidence from which a jury could conclude that appellant’s attack was premeditated and deliberate.

Appellant also argues that there is insufficient evidence to support his conviction of second-degree battery on Officer Gog-gans. He contends the State failed to demonstrate that he acted knowingly and with the purpose of causing injury to Officer Gog-gans. A person commits the offense of battery in the second degree if he intentionally or knowingly without legal justification causes physical injury to one he knows to be an employee of a correctional facility while such person is acting in the line of duty. Ark. Code Ann. § 5-13-202(a)(4)(A) (Repl. 1997).

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Bluebook (online)
35 S.W.3d 345, 72 Ark. App. 271, 2000 Ark. App. LEXIS 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-arkctapp-2000.