Skiver v. State

983 S.W.2d 931, 336 Ark. 86, 1999 Ark. LEXIS 13
CourtSupreme Court of Arkansas
DecidedJanuary 14, 1999
DocketCR 96-527
StatusPublished
Cited by22 cases

This text of 983 S.W.2d 931 (Skiver 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
Skiver v. State, 983 S.W.2d 931, 336 Ark. 86, 1999 Ark. LEXIS 13 (Ark. 1999).

Opinion

Per Curiam.

The appellant, William Wesley Skiver, was convicated of aggravated robbery and was sentenced as a habitual offender to life in prison. Pursuant to Anders v. California, 386 U.S. 738 (1996), his attorney has filed a motion to withdraw and a brief stating there is no merit to the appeal. Skiver, pursuant to Arkansas Supreme Court Rule 4-3 (j), has filed a pro se brief in which he raises arguments for reversal of his conviction. The State agrees that there is no merit to the appeal and recommends that Skiver’s conviction be affirmed. We conclude that there can be no meritorious issue raised from the rulings that were adverse to Skiver during the trial. Accordingly, we grant the motion to withdraw and affirm Skiver’s conviction and sentence.

Skiver’s conviction arose from an incident that occurred in a convenience store in Paragould. After threatening the store clerk with a hidden knife, Skiver took the cash from the store’s register and several items from the clerk’s purse. Two witnesses arrived at the store as Skiver was leaving, and the store clerk was able to alert one of them to what had just occurred. One of the witnesses ascertained the direction Skiver travelled as he left, and the police were alerted. A chase ensued, and Skiver was apprehended after barricading himself in the bedroom of a residence.

On the day of his arrest, Skiver gave a taped statement to Lieutenant Stephenson of the Paragould Police Department. In the statement, Skiver confessed to robbing the convenience store, and he also stated, “I’m going back to the penitentiary.” Skiver sought to exclude his reference to the penitentiary from the jury on the basis of relevancy. The Trial Court, finding that the sentence was relevant to show consciousness of guilt, denied Skiver’s motion.

Adverse Rulings

The first adverse ruling that we must discuss is the denial of Skiver’s motion for a directed verdict. This court considers arguments on the sufficiency of the evidence prior to the review of trial errors. Jameson v. State, 333 Ark. 128, 970 S.W.2d 785 (1998).

At the conclusion of the State’s case, Skiver moved for a directed verdict on the basis that the State failed to prove that it was Skiver, and not another person, who robbed the convenience store. Skiver also argued that the State failed to prove that the robbery was committed with a deadly weapon. In the no-merit brief, Skiver’s counsel contends that it was proper for the Trial Court to deny his motion for a directed verdict.

The test for sufficiency of the evidence on appeal is whether there is substantial evidence to support the verdict. Lukach v. State, 310 Ark. 119, 835 S.W.2d 852 (1992). On review, we need only consider evidence that is favorable to the State. Luckach v. State, supra.

The first witness to testify for the State was Barbara Wyatt, the convenience-store clerk who was the victim of the aggravated robbery. Ms. Wyatt testified that she was working at the convenience store in the early morning hours of June 17, 1995. At approximately 8:00 a.m., Skiver came into the store and purchased a soda. He then left and stood outside as Ms. Wyatt waited on other customers. Ms. Wyatt testified that when the store was clear of other customers, Skiver came back into the store, threw down a paper bag, and threatened to cut her throat with a knife unless she gave him all of the money in the cash register. After Ms. Wyatt complied, Skiver also emptied the contents of her purse into the paper bag.

Ms. Wyatt also testified that after Skiver took the money from the cash register and her purse, he ordered her into the back room of the convenience store. Ms. Wyatt walked in that direction while Skiver’s attention was distracted, but went beyond the back room and into the cooler of the convenience store. After a brief struggle at the door of the cooler, Skiver said he would cut her throat unless she remained there for thirty minutes. Through the glass-windowed doors that formed the front of the cooler, Ms. Wyatt saw Skiver leave the store.

Ms. Wyatt stated that as she watched Skiver leave the store and walk away, she spotted two women drive up to the store. When she saw Skiver round the front corner of the store, Ms. Wyatt ran outside and informed one of the women that she had been robbed. At the conclusion of her testimony, Ms. Wyatt made an in-court identification of Skiver as the man who robbed her.

The two women who drove up to the convenience store at the conclusion of the robbery also testified. The woman who got out of the car, Carol Wickinger, testified that she saw Skiver come out of the store. He was carrying a large brown paper bag in one hand and a beer in the other. Ms. Wickinger stated that shortly afterward, the convenience-store clerk came out of the store, told her she had just been robbed, and asked her not to leave. Ms. Wickinger also made an in-court identification of Skiver as the person she saw coming out of the convenience store with a large paper bag.

The friend that drove Carol Wickinger to the convenience store, Lisa Porter, also testified. Ms. Porter testified that Ms. Wickinger got out of the car to purchase a newspaper from a rack that was located on the outside of the convenience store. At that time, Ms. Porter said that Skiver walked out of the convenience store, and that he was shortly followed by Ms. Wyatt. Ms. Porter stated that she decided to follow Skiver in her car. She eventually found him shirtless and behind the wheel of a red car. She noted the description of the car and its license plate number, and reported that information to the police. Ms. Porter’s testimony also included an in-court identification of Skiver.

The State then introduced the testimony of a series of police officers who participated in the pursuit and apprehension of Skiver. Through the testimony of these officers, the State established that the police encountered Skiver’s vehicle, identified him according to Lisa Porter’s description, and pursued him at high speeds to the house where he eventually barricaded himself. Skiver, along with his car, the brown paper bag containing money, the items stolen from Ms. Wyatt’s purse, and a butcher knife were all recovered from the house and the surrounding area.

The State also introduced Skiver’s custodial statement. In his statement, Skiver claimed that he decided to rob the convenience store in order to obtain cash to purchase drugs. -He admitted that he was armed with a butcher knife, and that he put the money into a brown paper bag. He also admitted to leaving Ms. Wyatt in the cooler, and to fleeing to the residence where he barricaded himself from police.

We think there is substantial evidence that it was Skiver, and not another person, who committed the crime. Three eyewitnesses, including the victim, saw him in the convenience store and immediately thereafter. It was pursuant to the description of one of those eyewitnesses that the police were able to identify Skiver’s vehicle and then pursue him to the location where he was eventually apprehended. In our view, this evidence excludes the possibility that another person robbed the convenience store.

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Bluebook (online)
983 S.W.2d 931, 336 Ark. 86, 1999 Ark. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skiver-v-state-ark-1999.