Wilson v. State

2017 Ark. 217, 521 S.W.3d 123, 2017 Ark. LEXIS 183
CourtSupreme Court of Arkansas
DecidedJune 8, 2017
DocketCR-16-1062
StatusPublished
Cited by9 cases

This text of 2017 Ark. 217 (Wilson 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
Wilson v. State, 2017 Ark. 217, 521 S.W.3d 123, 2017 Ark. LEXIS 183 (Ark. 2017).

Opinion

JOSEPHINE LINKER HART, Associate Justice

|tA jury found appellant, Detric Deshun Wilson, guilty of one count of aggravated robbery, and the circuit court sentenced him to a statutorily mandated sentence of life imprisonment as a defendant convicted of a Y felony involving violence who had previously been convicted of two felonies involving violence. Ark. Code Ann. § 5-4-501(d)(1)(A), (d)(2)(A)(iv) (Supp. 2015). The jury also convicted Williams of one count of robbery with the circuit court sentencing him to twenty years’ imprisonment to run consecutively to the aggravated-robbery sentence; a second robbery count with the circuit court sentencing him to twenty-years’ imprisonment to run consecutively to the sentences for both the aggravated-robbery and the robbery; three counts of theft of property with the circuit court sentencing him to three 10-year sentences to run concurrently with the aggravated-robbery sentence; and one count of commercial burglary with the circuit court sentencing him to fifteen years’ imprisonment to run concurrently with the aggravated-robbery sentence.

|2On appeal, Wilson does not challenge the sufficiency of the evidence to support the theft or burglary convictions. Wilson, however, argues that because the evidence was insufficient to support his convictions for aggravated robbery and two counts of robbery, the circuit court erred in denying his directed-verdict motions on all three counts. Further, he argues that because his habitual-offender status was established by proof of convictions for crimes that he committed while he was a juvenile, it was unconstitutional to impose a mandatory sentence of life imprisonment for the aggravated-robbery conviction. We affirm.

We first consider Wilson’s arguments that the circuit court erred in denying his motions for a directed verdict on the aggravated robbery and two robbery counts. A person commits robbery if, with the purpose of committing a theft or “resisting apprehension immediately after committing” the theft, he employs or threatens to immediately employ physical force upon another person. Ark. Code Ann. § 5-12-102(a) (Repl. 2013). A person commits aggravated robbery if he or she commits a robbery and is armed with a deadly weapon or represents by word or conduct that he is armed with a deadly weapon. Ark. Code Ann. § 5—12—103(a)(1), (2).

On appeal, Wilson does not argue that he was misidentifíed as the perpetrator of the aggravated robbery or the two counts of robbery, that he did not employ or threaten to immediately employ physical force upon another person, or that he did not represent by word or conduct that he was armed with a deadly weapon. Rather, he argues that the circuit court erred in denying his directed-verdict motions on the three counts because there was insufficient evidence that he made threats to persons with the purpose of committing a theft or resisting apprehension immediately after committing the theft. Wilson contends that l.qwhen he made threats in three separate instances to three different persons, he was neither committing a theft nor “resisting apprehension immediately after committing” the theft, and thus the circuit court erred in denying his directed-verdict motions.

A directed-verdict motion is a challenge to the sufficiency of the evidence. See, e.g., Hinton v. State, 2015 Ark. 479, at 2, 477 S.W.3d 517, 520. When reviewing a challenge to the sufficiency of the evidence, this court assesses the evidence in the light most favorable to the State and considers only the evidence that supports the verdict. Id., 477 S.W.3d at 520. We will affirm a judgment of conviction if substantial evidence exists to support it. Id., 477 S.W.3d at 520. Substantial evidence is evidence which is of sufficient force and character that will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture. Id., 477 S.W.3d at 520.

At trial, Earl Vaughan testified that on November 17, 2013, he worked in a K-Mart store in Cabot, Arkansas. Before the store opened for the day, Vaughan saw a man, Wilson, beating and cutting the locks on the jewelry cabinets with bolt cutters. Vaughan testified that the man was holding a bag and reaching down into the jewelry counter but that he did not see the man holding any jewelry. Vaughan went to the ft*ont of the jewelry counter and asked the man, “Dude, what are you doing?” The man turned and looked at him and said, “Don’t be a hero. I have a pistol.” The man then reached into his coveralls. Vaughan testified that he saw Christopher Price, another store employee, cóming toward them, and told Price, “He has a gun, back up.” Vaughan then walked away from the counter. On cross-examination, Vaughan acknowledged that he did not take any measures to stop or apprehend the man.

^Christopher Price testified that before the store opened, an alarm sounded in the jewelry department. Price observed Vaughan speaking to another man who was behind the jewelry counter, Wilson. As Price approached them, the man turned around, reached into his jacket, and said, “Don’t be a hero.” Price testified that he thought the man was reaching for a firearm or a weapon. Price, in fear for his life, walked away. Price further testified that the man had a trash bag in his hand but that he did not remember the man taking anything or handling either the jewelry or the jewelry counters. On cross-examination, Price acknowledged that he did not attempt to apprehend, the man.

Another store employee, Donna Cathey, testified that she noticed a man in the store who was not an employee. She ran to a telephone at her desk in the stockroom to page Price. The swinging doors to the stockroom flew open and the man, Wilson, ran through the doors carrying a plastic sack. Cathey started chasing after the man and was about three feet behind him, saying, “Hey, hey, hey,” to try and stop him. The man said to her, “I’ve got a pistol,” so she stopped her pursuit. According to Cathey, she believed he had a pistol or gun and was in fear for her life.

In addressing Wilson’s argument, even assuming for the sake of argument that Wilson’s threats to employ physical force against Vaughan, Price, and Cathey were not made for the purpose of committing the theft, there was substantial evidence that Wilson’s threats to employ physical force on Vaughan, Price, and Cathey were made for the purpose of “resisting apprehension immediately after” committing a theft. Under the statutory language, it is not dispositive whether the three employees attempted to apprehend Wilson. Rather, our focus is on Wilson’s purpose. A criminal defendant’s intent or state of mind is | ^seldom capable of proof by direct evidence and must usually be inferred from the circumstances of the crime. Watson v. State, 358 Ark. 212, 219, 188 S.W.3d 921, 925 (2004). Because intent cannot be proven by direct evidence, the jurors can draw upon their common knowledge and experience to infer it from the circumstances. Id., 188 S.W.3d at 925. From the evidence presented, a jury could infer that the purpose of Wilson’s threats to employ physical force against Vaughan, Price, and Cathey was to forestall them from attempting to apprehend him, thus allowing Wilson to resist apprehension immediately after committing the theft. Moreover, after Wilson made his threats, both Vaughan and Price walked away from Wilson, and Cathey ceased her efforts to stop Wilson.

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Bluebook (online)
2017 Ark. 217, 521 S.W.3d 123, 2017 Ark. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-ark-2017.