Lacefield v. State

559 S.W.3d 311
CourtCourt of Appeals of Arkansas
DecidedOctober 3, 2018
DocketNo. CR-16-941
StatusPublished
Cited by1 cases

This text of 559 S.W.3d 311 (Lacefield 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
Lacefield v. State, 559 S.W.3d 311 (Ark. Ct. App. 2018).

Opinion

WAYMOND M. BROWN, Judge

A Benton County jury found appellant Joseph Thomas Lacefield guilty of two counts of robbery and one count of aggravated robbery. He was sentenced to an aggregate term of thirty years' imprisonment. He argues on appeal that (1) the trial court erred by allowing gloves and testimony of the gloves into evidence, (2) the trial court erred by allowing two notes into evidence, and (3) the evidence was insufficient to support his convictions. We *314affirm.1

In case number 04CR-14-821, appellant was charged with the robbery of TownePlace Suites in Bentonville on or about May 15, 2014. According to Timothy Dye, he was at work at the hotel on May 15, 2014, when a man came in around 1:00 a.m. with a "big fake beard up to his nose a" blue rain jacket, blue jeans, and white shoes. He stated that the man handed him a Walmart sack and told him to place money into it. He testified that he asked the man whether he was for real and threatened to call the police. He stated that at that time, the man slid over the handicap portion of the desk and showed Dye a taser. Dye placed the money in the bag and the man slid back over the desk and slowly walked out. He testified that he initially told the police that the man was about 6'2" tall, but that he has a friend who is 6'4" tall and that the man appeared about that height. Dye stated that the man did not threaten him with the taser. He described the man as having "a really sharp nose with defined eyebrows and really dark-colored brown eyes." He said that he was presented with a photo lineup by the Bentonville Police Department and that when he looked at the photo of appellant, he "could see the same eyes, the same color of eyes and [he] was sure it was him."

On cross-examination, Dye stated that he remembered speaking to Officer Chris Gravely and that he "supposed" he told Gravely that the suspect was "6'3 and had a slender build," but that "he wasn't skinny at the time." He admitted that before being presented with the photo lineup, he had already described the suspect as being "an older gentleman, in his 40's." He testified that the suspect pulled the taser out of his pocket with his left hand and that the suspect's right hand never touched the taser. He said that although he watched the suspect leave after the robbery, he did not see the suspect get into a truck.

Officer Scott Fry with the Rogers Police Department stated that he was on duty on May 15, 2014. He stated that there was a BOLO sent out for a robbery suspect with "a fuzzy picture of a vehicle from a surveillance photo from an earlier robbery on Springdale."2 He stated that the truck in the picture had extensive damage to the passenger's3 side of the truck. He testified that he saw a green Chevy or GMC pickup at around 1:00 a.m. traveling east on Pleasant Grove over the interstate, which matched the BOLO. He stated that he did a U-turn and followed the vehicle to the Walmart off Pleasant Grove, where the vehicle pulled into a parking spot. He said that he stopped in the middle of the parking lot and radioed for assistance. He testified that he waited until the other officers showed up before he made contact with the driver, appellant. He said that appellant stepped out of his vehicle and was questioned. He stated that he did not search appellant's vehicle but that he "did kind of look inside the window and got appellant's information in case it turned out to be a lead or not." He said that he *315did not see a blue raincoat in appellant's truck but that he did see a blue coat. He testified that when he came in contact with appellant, appellant was using a cane and spoke of back or knee problems. He further stated that the "BOLO mentioned the suspect had jumped the counter of the business he had robbed and ran off, so it didn't add up enough for [him] to ask [appellant] for consent" to search the vehicle.

On cross-examination, Officer Fry stated that the stop occurred at 1:04 a.m. on May 15, 2014. He testified that he did not recall seeing a fake beard, a blue raincoat, or a taser in appellant's truck at that time. On redirect examination, Officer Fry testified that he did not open the door of the truck and physically enter it, but that he just shined his light through the window to look inside. He stated that he was about twenty yards from appellant's vehicle during the five minutes he waited for the other officers to arrive. He said that appellant did not get out of the vehicle while the other officers were en route. He stated that appellant should have been aware of him because he was in a marked police car sitting twenty yards away from appellant.

In case number 04CR-14-1460, appellant was charged with the robbery of Dollar General in Rogers, on or about May 8, 2014.4 According to Oscar Linares, a man walked into Dollar General with a "camo hoody pulled over his head, jeans and a fake beard." He stated that he really did not take notice of what the man was wearing because it was raining outside. He said that he greeted the man and that the man asked for two packs of Marlboro Red Special Blend cigarettes. He asked the man for identification, and the man asked him for a sack. He stated that the man went and "grabbed some tasty cakes and brought them back to the register and slipped [Linares] a note saying don't say anything, just give me the money." Linares said that he placed the money from the register into the bag the man gave him. He stated that the man told him not to come outside and then left. He testified that based on the tape by the door of the store, the suspect was about 6'2" tall. He stated that the man was holding a small taser during the robbery and that he did not feel like getting tased so he did what was asked of him. He said that he could not see the suspect's mouth but that he could remember the fake beard and the suspect's eyes.

On cross-examination, Linares stated that he worked at Dollar General for about six months and that Marlboro Red cigarettes were a popular brand of cigarettes. He said that the suspect removed the taser from his left pocket and held it in his left hand.

In case number 04CR-15-69, appellant was charged with the aggravated robbery of Pizza Hut in Rogers on or about November 17, 2013. According to Samantha Inglis, on the night of November 17, 2013, an armed man walked into the store and told her to give him all of the money the store had. She stated that she placed the money into a "clear portion bag" and laid on the floor as she was instructed. She said that the man was using a small caliber semiautomatic handgun. She stated that she could not recall if the man was wearing gloves because she was focusing on the gun and trying to remain calm. She testified that after the man left, she got up, locked the door, and called the police. She stated that when she was shown a photo of appellant, his eyes made her "freeze" and *316"cry", reminding her of the fear she felt that night.

On cross-examination, Inglis stated that she did not see the suspect get into a vehicle when he left. She said that she described the suspect to the police as being approximately 6'1" tall and weighing 170 pounds. She testified that the suspect had a "reddish beard and a cap pulled down on his chin" and was wearing "a hunting jacket, not a rain coat." She again said that she did not remember seeing gloves.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joseph Thomas Lacefield v. State of Arkansas
2020 Ark. App. 534 (Court of Appeals of Arkansas, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
559 S.W.3d 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacefield-v-state-arkctapp-2018.