Reed v. State

109 S.W.3d 665, 353 Ark. 22, 2003 Ark. LEXIS 310
CourtSupreme Court of Arkansas
DecidedJune 5, 2003
DocketCR 02-487
StatusPublished
Cited by14 cases

This text of 109 S.W.3d 665 (Reed v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. State, 109 S.W.3d 665, 353 Ark. 22, 2003 Ark. LEXIS 310 (Ark. 2003).

Opinion

Donald L. Corbin, Justice.

Appellant Albert Reed was convicted in the Pulaski County Circuit Court of capital murder and theft of property with a value greater than $500 but less than $2,500. He was sentenced to a term of life imprisonment and six years’ imprisonment, respectively, with the sentences to run concurrently. He now appeals his conviction on the theft charge, arguing that the trial court erred in faffing to grant his directed-verdict motion, because the State faded to introduce substantial evidence establishing the value of the stolen property. This case was certified to us from the Arkansas Court of Appeals; hence, our jurisdiction is pursuant to Ark. Sup. Ct. RÍ l-2(d). We agree with Appellant.

In the early morning hours of October 26, 2000, police were dispatched to an apartment complex at 701 South Elm Street after a shooting was reported. When Officer Brian Grigsby, of the Little Rock Police Department, arrived on the scene, he discovered the body of a man, who had been shot, lying face down in the parking lot. Alonzo Bailey, a witness, approached the officer and explained what had happened leading up to the shooting. He told Grigsby that the victim was Rodney Allen and that he had been shot by Appellant. Bailey also gave Grigsby his sister’s phone number and explained that his sister was dating Appellant, so Appellant may have gone to her home following the shooting. Appellant was subsequently arrested and charged with one count each of capital murder, first-degree battery, and theft of property. 1

A jury trial was held on January 9, 2002. Shantarus Pace testified that at the time of the shooting, she was living in one of the apartments at Elm Street with Bailey. She explained that she knew Appellant because he was dating one of her friends. According to Pace, Appellant arrived at the apartment complex between 11:00 and 11:30 p.m on the evening of October 25. She was not sure when Allen arrived, but stated that he was there when she went outside around midnight. Sometime later, Pace heard gunshots and went to see what had happened. She then saw Appellant standing by the driver’s side door of Allen’s car firing a gun. According to Pace, she saw him fire at least two shots while Allen was still in the car. Pace stated that Allen managed to get out of the car through the passenger’s side door, and Appellant then got in the driver’s seat of Allen’s car and was about to leave, when he noticed that Allen was still moving. By this time, David Mitchell had approached and was attempting to help Allen, when Appellant exited the car and fired several more shots at Allen, one of which struck Mitchell in the ankle. Appellant then left in Allen’s 1978 white Chevrolet Caprice Classic.

Alonzo Bailey testified similarly, but further explained that he had been drinking with Appellant and Allen since earlier that evening. He explained that Appellant and Allen were friends, but admitted that he heard them arguing about a “little pocket change.” The two men then left together to go to the liquor store and returned five to ten minutes later, according to Bailey. Sometime later, Allen left, but again returned to the parking lot. Appellant stood at the driver’s side door, talking with Allen for approximately ten minutes, and then suddenly took a gun from his pants and started shooting at Allen inside the car.

Bailey also testified that his younger brother was the previous owner of the white Caprice Classic and had owned it for about a year. He stated that he was not sure what his brother paid for the car when he bought it, but that it was not more than $500. He did not know how much Allen paid his brother when he bought the car. He did explain that once his brother bought the car, he fixed it up by installing televisions in the visors and putting Dayton tires on it. He further stated that he was with his brother when he had the televisions installed and that they cost around $200.

Robert Donham testified that on the morning of April 26, he was staying in a travel trailer at the Arkansas River Yacht Club in North Little Rock. He noticed an unusual vehicle parked in front of the Club’s clubhouse. It was a white, older model Chevrolet Caprice Classic that had several bullet holes in it. Donham contacted the police who had the vehicle towed away.

Following the conclusion of the State’s case, Appellant moved for a directed verdict, challenging the sufficiency of the evidence with regard to both the capital-murder charge and the theft charge. With regard to the former, Appellant argued that the State failed to prove that he acted with premeditation and deliberation. As for the latter charge, Appellant argued that the State failed to introduce substantial evidence that the Caprice Classic had a value in excess of $500. The trial court denied the first motion, and reserved a ruling on the theft charge.

Appellant was the only witness to testify for the defense. He stated that he and Allen were friends and had been joking with one another prior to the shooting. According to Appellant, while he was talking with Allen, Allen suddenly reached under the passenger’s seat of his car. Appellant claimed that because he thought Allen was reaching for a gun, he reached for his own gun and started shooting. Appellant stated that the only reason he shot Allen was because he was afraid for his own life.

At the close of his case and following the testimony of a rebuttal witness called by the State, Appellant renewed his motions for directed verdict. The trial court denied both motions, and the case was submitted to the jury. The jury returned guilty verdicts on both charges, and Appellant waived his right to be sentenced by the jury. As previously stated; the trial court then sentenced Appellant to life imprisonment and six years’ imprisonment. This appeal followed.

The standard of review in cases challenging the sufficiency of the evidence is well established. We treat a motion for a directed verdict as a challenge to-the sufficiency of the evidence. Fairchild v. State, 349 Ark. 147, 76 S.W.3d 884 (2002); Branscum v. State, 345 Ark. 21, 43 S.W.3d 148 (2001). This court has repeatedly held that in reviewing a challenge to the sufficiency of the evidence, we view the evidence- in a fight most favorable to the State and consider only the evidence that supports the verdict. Stone v. State, 348 Ark. 661, 74 S.W.3d 591 (2002). We affirm a conviction if substantial evidence exists to support it. Id. Substantial evidence is that which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture. Haynes v. State, 346 Ark. 388, 58 S.W.3d 336 (2001).

For his sole point on appeal, Appellant argues that the trial court erred in denying his motion for a directed verdict because the State failed to introduce substantial evidence that the car Appellant stole had a value in excess of $500.

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Bluebook (online)
109 S.W.3d 665, 353 Ark. 22, 2003 Ark. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-state-ark-2003.