Cite as 2023 Ark. App. 544 ARKANSAS COURT OF APPEALS DIVISION II No. CR-22-566
Opinion Delivered November 29, 2023 RANDY HYATT APPELLANT APPEAL FROM THE GRANT COUNTY CIRCUIT COURT [NO. 27CR-21-143] V. HONORABLE CHRIS E WILLIAMS, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED
RITA W. GRUBER, Judge
Appellant Randy Hyatt was convicted by a Grant County jury of possession of a
controlled substance and possession of paraphernalia and sentenced as a habitual offender
to consecutive sentences of ninety-six months’ imprisonment for each offense. On appeal,
appellant contends that the circuit court erred in denying his motion for directed verdict as
to both offenses because the State failed to prove that he possessed the contraband
discovered in a jointly occupied car that he was driving. We affirm.1
In an amended felony information filed May 17, 2022, appellant was charged with
possession of a Schedule II controlled substance (methamphetamine less than two grams)
and possession of drug paraphernalia (a baggie). The State also sought a sentence
1 This case returns following rebriefing. See Hyatt v. State, 2023 Ark. App. 191. enhancement, alleging that appellant was a habitual offender having committed two or more
felonies. A jury trial took place on May 23.
Jacob Inman, a patrolman with the Sheridan Police Department, testified that he
came into contact with appellant on December 18, 2021, at a sobriety checkpoint being
conducted with the Grant County Sheriff’s Department. Inman was working with Deputy
Randy Irby. When the car appellant was driving stopped, Inman noticed that appellant’s
right arm was tucked between the driver’s seat and the center console. After appellant
handed Inman his driver’s license with his left hand, Inman told Irby that appellant may be
hiding something.
Inman testified that Irby then went to the driver’s-side window to speak with
appellant. Inman heard Irby tell appellant to put his hands where they could see them, but
appellant refused. When he refused a second time, Irby pulled out his service weapon.
Appellant was ordered multiple times to show his hands, but he refused and shoved both
hands between the console and the seat. Inman reached in and pulled appellant out of the
vehicle. While Inman patted appellant down, appellant kept trying to shove his hands inside
his pants. A search of the vehicle revealed a pill bottle containing a “big rock” of crystal-like
substance, which was found between the seat and the console where appellant’s hands had
been. Inman identified photos of the items found and described them as a silver container
containing two plastic baggies containing a crystal-like substance. Although there was
another occupant in the passenger seat who had access to the area where the contraband was
found, Inman saw only appellant’s hands in that area.
2 Chemist Ashley Anderson of the Arkansas State Crime Laboratory tested the
evidence received in the case. The tests revealed that the white crystalline substance was
methamphetamine with a weight of 1.383 grams.
The State rested, and appellant moved for a directed verdict, arguing that the State
failed to prove that appellant actually or constructively possessed a Schedule II controlled
substance or a baggie with the purpose to store, contain, or conceal methamphetamine. The
court denied the motion. The defense did not call any witnesses and renewed its motion for
directed verdict. The jury found appellant guilty of both charges and sentenced him as a
habitual offender to serve ninety-six months’ imprisonment for each offense to run
consecutively. This appeal followed.
In reviewing a challenge to the sufficiency of the evidence, this court determines
whether the verdict is supported by substantial evidence, direct or circumstantial. Dyas v.
State, 2020 Ark. App. 52, at 2, 593 S.W.3d 55, 57. Substantial evidence is evidence forceful
enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id.
This court views the evidence in the light most favorable to the verdict, and only evidence
supporting the verdict will be considered. Id. The credibility of witnesses is an issue for the
fact-finder. Id. The trier of fact is free to believe all or part of any witness’s testimony and
may resolve questions of conflicting testimony and inconsistent evidence. Id.
Possession of less than two grams of methamphetamine is a Class D felony. Ark. Code
Ann. § 5-64-419(a) & (b)(1)(A) (Supp. 2021). A person who possesses drug paraphernalia
“with the purpose to use the drug paraphernalia . . . or to store, contain, conceal, or weigh a
3 controlled substance in violation of this chapter upon conviction is guilty” of a Class D
felony if the controlled substance is methamphetamine. Ark. Code Ann. § 5-64-443(a)(2)(A)
(Supp. 2021).
To convict a person of possession, the State is not required to prove actual possession;
“constructive possession,” which is the control or right to control, is sufficient. Morgan v.
State, 2021 Ark. App. 220, at 4. Constructive possession requires that the State prove that
the defendant exercised care, control, and management over the contraband and that the
accused knew the matter possessed was contraband. Id. at 4–5. Constructive possession can
be inferred when the contraband is in the joint control of the accused and another. Id. at 5.
However, joint occupancy of a vehicle, standing alone, is not sufficient to establish possession
or joint possession. Id. There must be some other factor linking the accused to the
contraband. Id. Other factors to be considered in cases involving vehicles occupied by more
than one person are (1) whether the contraband is in plain view; (2) whether the contraband
is found with the accused’s personal effects; (3) whether it is found on the same side of the
car seat as the accused; (4) whether the accused owned the car or exercised dominion and
control over it; and (5) whether the accused acted suspiciously before or during the arrest.
Id. There is no requirement that all or even a majority of the linking factors be present to
constitute constructive possession of the contraband. Baker v. State, 2019 Ark. App. 515, at
6, 588 S.W.3d 844, 848.
With respect to possession of methamphetamine, appellant argues only that the State
failed to prove that he knowingly or purposely possessed the drug. He asserts that the
4 evidence revealed only that he did not show his hands at the checkpoint, a pill bottle was
found, and there was another individual in the vehicle. With respect to possession of
paraphernalia, appellant argues only that the State failed to prove it belonged to appellant.
He points to the single fact that “baggies were found” in the pill bottle and contends that
the State failed to prove it belonged to him. The State responds that there was sufficient
evidence of constructive possession. We agree.
Here, there was testimony that appellant was driving the car; while at the check point,
his right arm was tucked between his seat and the center console; he refused the officers’
multiple requests to show his hands and continued to shove his hands between the seat and
the center console; and he continued to refuse to cooperate once he was pulled from the car.
Although the area searched was within the reach of the passenger, Inman never saw the
passenger reach in that area.
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Cite as 2023 Ark. App. 544 ARKANSAS COURT OF APPEALS DIVISION II No. CR-22-566
Opinion Delivered November 29, 2023 RANDY HYATT APPELLANT APPEAL FROM THE GRANT COUNTY CIRCUIT COURT [NO. 27CR-21-143] V. HONORABLE CHRIS E WILLIAMS, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED
RITA W. GRUBER, Judge
Appellant Randy Hyatt was convicted by a Grant County jury of possession of a
controlled substance and possession of paraphernalia and sentenced as a habitual offender
to consecutive sentences of ninety-six months’ imprisonment for each offense. On appeal,
appellant contends that the circuit court erred in denying his motion for directed verdict as
to both offenses because the State failed to prove that he possessed the contraband
discovered in a jointly occupied car that he was driving. We affirm.1
In an amended felony information filed May 17, 2022, appellant was charged with
possession of a Schedule II controlled substance (methamphetamine less than two grams)
and possession of drug paraphernalia (a baggie). The State also sought a sentence
1 This case returns following rebriefing. See Hyatt v. State, 2023 Ark. App. 191. enhancement, alleging that appellant was a habitual offender having committed two or more
felonies. A jury trial took place on May 23.
Jacob Inman, a patrolman with the Sheridan Police Department, testified that he
came into contact with appellant on December 18, 2021, at a sobriety checkpoint being
conducted with the Grant County Sheriff’s Department. Inman was working with Deputy
Randy Irby. When the car appellant was driving stopped, Inman noticed that appellant’s
right arm was tucked between the driver’s seat and the center console. After appellant
handed Inman his driver’s license with his left hand, Inman told Irby that appellant may be
hiding something.
Inman testified that Irby then went to the driver’s-side window to speak with
appellant. Inman heard Irby tell appellant to put his hands where they could see them, but
appellant refused. When he refused a second time, Irby pulled out his service weapon.
Appellant was ordered multiple times to show his hands, but he refused and shoved both
hands between the console and the seat. Inman reached in and pulled appellant out of the
vehicle. While Inman patted appellant down, appellant kept trying to shove his hands inside
his pants. A search of the vehicle revealed a pill bottle containing a “big rock” of crystal-like
substance, which was found between the seat and the console where appellant’s hands had
been. Inman identified photos of the items found and described them as a silver container
containing two plastic baggies containing a crystal-like substance. Although there was
another occupant in the passenger seat who had access to the area where the contraband was
found, Inman saw only appellant’s hands in that area.
2 Chemist Ashley Anderson of the Arkansas State Crime Laboratory tested the
evidence received in the case. The tests revealed that the white crystalline substance was
methamphetamine with a weight of 1.383 grams.
The State rested, and appellant moved for a directed verdict, arguing that the State
failed to prove that appellant actually or constructively possessed a Schedule II controlled
substance or a baggie with the purpose to store, contain, or conceal methamphetamine. The
court denied the motion. The defense did not call any witnesses and renewed its motion for
directed verdict. The jury found appellant guilty of both charges and sentenced him as a
habitual offender to serve ninety-six months’ imprisonment for each offense to run
consecutively. This appeal followed.
In reviewing a challenge to the sufficiency of the evidence, this court determines
whether the verdict is supported by substantial evidence, direct or circumstantial. Dyas v.
State, 2020 Ark. App. 52, at 2, 593 S.W.3d 55, 57. Substantial evidence is evidence forceful
enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id.
This court views the evidence in the light most favorable to the verdict, and only evidence
supporting the verdict will be considered. Id. The credibility of witnesses is an issue for the
fact-finder. Id. The trier of fact is free to believe all or part of any witness’s testimony and
may resolve questions of conflicting testimony and inconsistent evidence. Id.
Possession of less than two grams of methamphetamine is a Class D felony. Ark. Code
Ann. § 5-64-419(a) & (b)(1)(A) (Supp. 2021). A person who possesses drug paraphernalia
“with the purpose to use the drug paraphernalia . . . or to store, contain, conceal, or weigh a
3 controlled substance in violation of this chapter upon conviction is guilty” of a Class D
felony if the controlled substance is methamphetamine. Ark. Code Ann. § 5-64-443(a)(2)(A)
(Supp. 2021).
To convict a person of possession, the State is not required to prove actual possession;
“constructive possession,” which is the control or right to control, is sufficient. Morgan v.
State, 2021 Ark. App. 220, at 4. Constructive possession requires that the State prove that
the defendant exercised care, control, and management over the contraband and that the
accused knew the matter possessed was contraband. Id. at 4–5. Constructive possession can
be inferred when the contraband is in the joint control of the accused and another. Id. at 5.
However, joint occupancy of a vehicle, standing alone, is not sufficient to establish possession
or joint possession. Id. There must be some other factor linking the accused to the
contraband. Id. Other factors to be considered in cases involving vehicles occupied by more
than one person are (1) whether the contraband is in plain view; (2) whether the contraband
is found with the accused’s personal effects; (3) whether it is found on the same side of the
car seat as the accused; (4) whether the accused owned the car or exercised dominion and
control over it; and (5) whether the accused acted suspiciously before or during the arrest.
Id. There is no requirement that all or even a majority of the linking factors be present to
constitute constructive possession of the contraband. Baker v. State, 2019 Ark. App. 515, at
6, 588 S.W.3d 844, 848.
With respect to possession of methamphetamine, appellant argues only that the State
failed to prove that he knowingly or purposely possessed the drug. He asserts that the
4 evidence revealed only that he did not show his hands at the checkpoint, a pill bottle was
found, and there was another individual in the vehicle. With respect to possession of
paraphernalia, appellant argues only that the State failed to prove it belonged to appellant.
He points to the single fact that “baggies were found” in the pill bottle and contends that
the State failed to prove it belonged to him. The State responds that there was sufficient
evidence of constructive possession. We agree.
Here, there was testimony that appellant was driving the car; while at the check point,
his right arm was tucked between his seat and the center console; he refused the officers’
multiple requests to show his hands and continued to shove his hands between the seat and
the center console; and he continued to refuse to cooperate once he was pulled from the car.
Although the area searched was within the reach of the passenger, Inman never saw the
passenger reach in that area. The search revealed a pill bottle in the area between the driver’s
seat and the console, which was where appellant placed his hands and refused to remove
them when ordered to do so. The pill bottle contained a baggie with a rock-like substance,
which was determined to be 1.383 grams of methamphetamine. Viewing the evidence in the
light most favorable to the verdict, we hold that appellant’s constructive possession of the
contraband is supported by substantial circumstantial evidence. Accordingly, we affirm.
Affirmed.
VIRDEN and BROWN, JJ., agree.
Gregory Crain, for appellant.
Leslie Rutledge, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee.