Van Jenkins v. State

85 S.W.3d 878, 350 Ark. 219, 2002 Ark. LEXIS 486
CourtSupreme Court of Arkansas
DecidedOctober 3, 2002
DocketCR 02-46
StatusPublished
Cited by14 cases

This text of 85 S.W.3d 878 (Van Jenkins 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
Van Jenkins v. State, 85 S.W.3d 878, 350 Ark. 219, 2002 Ark. LEXIS 486 (Ark. 2002).

Opinion

Donald L. Corbin, Justice.

Appellant Dennis Van Jenkins appeals the order of the Pulaski County Circuit Court convicting him of first-degree felony murder, aggravated robbery, and theft of property. He was sentenced to terms of life imprisonment, thirty years’ imprisonment, and ten years’ imprisonment, respectively. The trial court ordered that the ten-year and thirty-year sentences were to run concurrently, but consecutively to the life-imprisonment sentence. Appellant’s sole point on appeal is that there was insufficient evidence of robbery to support his conviction for first-degree felony murder. As this appeal involves a sentence of life imprisonment, our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(a) (2). We find no error and affirm.

The circumstances leading up to this case took place on December 11, 1999. On that day, Appellant was riding around the Little Rock area with Alvin Pugh, Chemer Beene, and Anthony Hawkins when the Cadillac, they were in had a flat tire. The group pulled into a car wash on Wright Avenue in order to repair the flat. According to Appellant, after repairing the flat tire, they were unable to start the car. At that time, Kelin Rudley attempted to assist the group by jumping their battery. While trying to jump the battery, Mr. Rudley was shot in the neck by Appellant. While the circumstances leading up to the shooting are in dispute, the fact that Appellant shot Mr. Rudley was undisputed. It is also undisputed that the group fled in the 1998 Toyota Tacoma truck Mr. Rudley had been driving. Mr. Rudley subsequently died as a result of the gunshot wound.

The following day, police discovered the Toyota truck in front of a trailer on Chicot Road where Pugh lived. Pugh advised police where to look for clothes that were missing from the truck. Police subsequently searched the intersection of Oxford Valley and Churchill Drive where the items of clothing were found. Pugh also told police that Appellant was the one who drove the truck away from the scene of the crime.

Police located Appellant on December 13, and asked him if he could come to the police station to answer a few questions. Appellant complied and eventually gave police a statement admitting to shooting Mr. Rudley, but claiming that he did so in self-defense. Specifically, Appellant claimed that Rudley was mouthing off and acting funny. Appellant said he only shot Mr. Rudley after he “flinched” at him.

Appellant was arrested and charged with capital felony murder, aggravated robbery, and theft of property. At trial, Beene confirmed Appellant’s account that the group had been driving around and stopped at a car wash to repair a flat tire. When the Cadillac would not start again, Beene approached Mr. Rudley and asked if he would jump their battery. She stated that she assisted Mr. Rudley in hooking up the jumper cables, but then walked to the rear of the Cadillac. According to Beene’s testimony, she heard Appellant say to Mr. Rudley, “What the fuck you doing?” She then turned around and saw Appellant holding a gun. Beene stated that she then heard a gunshot and took off running down the street with Hawkins. Appellant and Pugh picked the two up shortly thereafter, and according to Beene, Appellant was driving the truck at that time. Finally, Beene testified that Appellant said to them, “Y’all mother-fuckers think I’m playing. I’ll kill me another mother-fucker, too.”

Detective Ronnie Smith testified at trial that police discovered an abandoned Cadillac in one of the bays at the car wash. A spare tire was on the left rear side of the vehicle and jumper cables were still attached to the vehicle’s battery. Smith stated that he developed Appellant as a suspect based on information from Pugh.

Following Smith’s testimony, the State rested. Appellant then made a motion for a directed verdict challenging the sufficiency of the evidence relating to the charge of the underlying felony, aggravated robbery. The trial court denied the motion. Following the defense’s presentation of evidence, Appellant renewed his motion for a directed verdict. Again, it was denied. The case was subsequendy submitted to the jury, and Appellant was convicted and sentenced as previously stated. This appeal followed.

A motion for a directed verdict challenges the sufficiency of the evidence. Pickens v. State, 347 Ark. 904, 69 S.W.3d 10 (2002); Ross v. State, 346 Ark. 225, 57 S.W.3d 152 (2001); Britt v. State, 344 Ark. 13, 38 S.W.3d 363 (2001). The test for determining sufficiency of the evidence is whether substantial evidence, direct or circumstantial, supports the verdict. Pickens, 347 Ark. 904, 69 S.W.3d 10. Substantial evidence is evidence of sufficient certainty and precision to compel a conclusion one way or another and pass beyond mere suspicion or conjecture. Id. On appeal, we review the evidence in the light most favorable to the State and consider only the evidence that supports the verdict. Id.

On appeal, Appellant argues that the trial court erred in denying his motion for a directed verdict, because the State failed to prove that he killed Mr. Rudley in order to steal his truck. According to Appellant, the evidence presented at trial merely established that an altercation arose between himself and the vietim and that Appellant reacted to a perceived threat. The State counters by arguing that the issue is not preserved for review. According to the State, Appellant’s motion for directed verdict related only to the charge of capital felony murder, but he was convicted of first-degree felony murder; thus, he was required to specify in his motion challenges to the offense charged, as well as any lesser-included offenses. Alternatively, the State argues that there was sufficient evidence to support Appellant’s conviction. While the State’s procedural argument is without merit, we agree that there was sufficient evidence supporting Appellant’s conviction.

In arguing that Appellant failed to make a directed-verdict motion with regard to the lesser-included offense of first-degree felony murder, the State relies on this court’s recent opinion in Brown v. State, 347 Ark. 308, 65 S.W.3d 394 (2001). There, we held that a defendant waived his challenge on appeal to the sufficiency of the evidence supporting a conviction of a lesser-included offense. At trial, the appellant made a specific motion for directed verdict only on the offense of first-degree battery. He was subsequently convicted of the lesser-included offense of second-degree battery. The appellant’s failure to challenge any elements of second-degree battery precluded this court’s review of the issue.

The instant case, however, does not involve a situation where the elements of first-degree felony murder differ from the elements of capital felony murder. In Walker v. State, 318 Ark. 107, 883 S.W.2d 831 (1994), this court elaborated on the reasons behind the rule requiring a specific motion. There, this court stated:

Other practical reasons have caused us to require that the grounds for the motion be specified.

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Bluebook (online)
85 S.W.3d 878, 350 Ark. 219, 2002 Ark. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-jenkins-v-state-ark-2002.