137 0 obj <>/Filter/FlateDecode/ID[<3108BA4F76329A42B77166353C48FDA8><1B88A27063086D4EA6E1EFBB7620CA10>]/Index[119 31]/Info 118 0 R/Length 87/Prev 189309/Root 120 0 R/Size 150/Type/XRef/W[1 2 1]>>stream Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. ) or https:// means youve safely connected to the .gov website. Consequently, the sentencing order in case no. While the dissenting judges maintain that Hill does not support the position that appellant's double-jeopardy argument is procedurally barred, they offer no explanation for how the trial judge's decision to deny the motions could be eminently correct, as the supreme court found in the comparable case of Hill, and at the same time constitute reversible error, as the dissenting judges in this case would hold. Citing Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. Chnh ch bn , M BN SIU D N BIT TH THANH H MNG THANH CIENCO 5. Lum v. State, 281 Ark. In the future, the double jeopardy issue may arise in conjunction with the terroristic act statute in another context. endstream endobj 120 0 obj <>/Pages 117 0 R/Type/Catalog>> endobj 121 0 obj <>/Font<>/ProcSet[/PDF/ImageC/Text]>>/Rotate 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 122 0 obj <>stream The supreme court declined to accept the case. Arkansas Code Annotated section 5-74-102 (Repl.1997) specifically refers to distributing a controlled substance while possessing a firearm. <>/OutputIntents[<>] /Metadata 179 0 R>> 239, 241, 988 S.W.2d 492, 493 (1999). | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html. She was also charged with possession with intent to distribute methamphetamine and fentanyl, possession of firearms in furtherance of a drug trafficking crime, and misprision (concealment) of a felony. 492, 976 S.W.2d 374 (1998); Willis v. State, 334 Ark. We do address, however, the sufficiency of the evidence as to serious physical injury as it relates to committing a terroristic act, Class Y felony. He was charged with first-degree battery, a Class B felony (count 1), and committing a terroristic act, a Class Y felony (count 2). Search Arkansas Code. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Muhammad v. State, 67 Ark.App. Registry of certain sentencing orders. arkansas sb2 2023 to create the "truth in sentencing and parole reform act of 2023". Criminal Offenses 5-13-310. The trial court denied his motions. Terroristic act on Westlaw. One trial is expected to last several weeks, and the other three concluded last week with the convictions of three defendants. 2016), no . 1 This impact assessment was prepared 4/5/2021 1:09 PM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. Indeed, had the supreme court found reversible error on double-jeopardy grounds, it would have reversed and dismissed the conviction and sentence for the less serious offense. Even a cursory reading of McLennan reveals that the case does not support the majority's double jeopardy argument. 262, 998 S.W.2d 763 (1999). Yet, the majority's position is premised on the unresolved issue of whether second-degree battery is a lesser-included offense. See Ark.Code Ann. Trong tng lai khng xa, h thng cng vin cy xanh h iu ha , UBND Thnh ph H Ni va ph duyt iu chnh xut d n Xy dng tuyn ng t ng L Trng Tn n ng Vnh ai 3( Ni vo tuyn , Copyright 2018 MUONGTHANH-THANHHA.COM. Finally, the Hill court noted that upon remand, if the defendant was convicted of both charges, he would likely move to limit the judgment of conviction to one charge and at that time, the trial court would be required to determine whether convictions could be entered on both charges. While Hill may stand for the unremarkable proposition that the trial court may allow the prosecution to proceed on both charges and is not required to limit the conviction to the greater offense until the jury returns with verdicts on both charges, it does not support the majority's position that appellant's double jeopardy argument is procedurally barred because he did not wait until the jury returned both verdicts to move the trial court to limit the conviction to only one charge. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Law enforcement located five firearms, approximately $29,000 in cash, 103 grams of fentanyl, 497 grams of methamphetamine, and .049 grams of heroin in the residence. The court also noted in dicta, that under section 5-1-110(a), the jury may find a defendant guilty of a greater and lesser offense, and if so, the trial court should enter the judgment of conviction only for the greater conviction. See Muhammad v. State, 67 Ark.App. xbq?I(paH3"t. 5-13-310 Y Terrorist Act (Offense date - Prior to 8/12/2005) 8 # The appellant in this case was not convicted of multiple counts of committing a terroristic act with regard to shooting his wife. The Missouri statute defining armed criminal action provides that any person who commits a felony (such as first-degree robbery) by use of a dangerous or deadly weapon is also guilty of the crime of armed criminal action. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 138, 722 S.W.2d 842 (1987). Explore career opportunities and sign up for Career Alerts. Moreover, whether injuries are temporary or protracted is a question for the jury. Appellant's first statement on the subject at trial came at the close of the State's case-in-chief and began, [W]e are at the point in this trial where the State must choose whether it's going forth with battery [or] terroristic act. His last comments came at the close of his own case-in-chief, before the jury was instructed, and concluded, [I]t's unfair to the defendant to-to have it submitted to the jury on both counts, when he could be convicted of both counts, when, in reality, it's one set of facts and one act and one act only.. Although appellant raises his double-jeopardy argument first, preservation of the appellant's right to freedom from double jeopardy requires us to examine the sufficiency of the evidence before we review trial errors. Sign up for our free summaries and get the latest delivered directly to you. 2. Hill v. State, supra, clearly does not stand for the proposition that the majority asserts. Likewise, in the instant appeal, the jury was presented with evidence from which it could conclude that Mr. Brown fired at least nine rounds from the vehicle he was driving, blowing out the windshield of his own vehicle, causing multiple gunshot holes and damage to the back, side, and front of Mrs. Brown's van, and successfully hitting his wife's body twice with gunfire. Copyright 2023 All Rights Reserved. 180, 644 S.W.2d 273 (1983); Wilson v. State, 277 Ark. terroristic threatening. endobj Kinsey was initially approved for Social Security Disability benefits in 2013 and had those benefits continued in June 2018. at 314, 862 S.W.2d at 840. Ngoi ra cn nhiu v tr khc, qu khch quan tm cn tm v tr no a thch lin h trc tip Mr. Nam phng kinh doanh c t vn nh. It must be accompanied by the intent to terrorize another person, cause a building to become evacuated, or incite extreme panic in the general public. The weeks first trial began Monday morning with a case in which Sparkle Hobbs, aka Sparkle Bryant, 33, of Little Rock, was charged with conspiracy to possess with intent to distribute heroin, methamphetamine, and fentanyl. However, a defendant so charged cannot be convicted of both the greater and the lesser offenses. The offense of committing a Class Y terroristic act requires an additional element of proof beyond what must be shown to establish second-degree battery. Appellant premises his argument on (3). <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/StructParents 0>> 161 0 obj <> endobj An accused may be charged and prosecuted for different criminal offenses, even though one offense is a lesser-included offense, or an underlying offense, of another offense. However, appellant did not raise these specific objections below and we decline to address issues raised for the first time on appeal. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Indeed, Mr. Brown testified before the jury that he was not trying to tell them that this course of events did not happen; he just wanted them to take into consideration why it happened, which was because he was angry at her for having an affair with a co-worker and he just snapped. It was for the jury to conclude what exactly occurred that day. The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. Learn more about FindLaws newsletters, including our terms of use and privacy policy. endobj z^Gbl3%]!p)@gCB9^QoWtD`Aq?D)|VOaPyA1(,#=n6@XTI\0j..fH]6gF8s=!%h9{3 . Appellant was convicted of second-degree battery and committing a terroristic act. That is, when multiple shots are fired, each shot poses a separate and distinct threat of serious harm to any individual within their range. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Appellant argued that both charges were based on the same conduct. The majority's reliance on McLennan is especially troublesome because it also implies that appellant's double jeopardy rights could only be violated if he had been convicted of both charges based on a single bullet entering his wife's vehicle and striking her. Appellant was originally charged with first-degree battery, but the jury was instructed with regard to first, second, and third-degree battery. 2 0 obj We disagree with appellant's argument. (a)A person commits a terroristic act if, while not in the commission of a lawful act, the person: (1)Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or. at 40, 13 S.W.3d at 908. 5-13-202(a)(3). Arkansas Sentencing Standards Seriousness Reference Table. Id. Nevertheless, even though the majority holds that appellant's argument is procedurally barred, it asserts that [e]ven were we to consider appellant's double-jeopardy argument on the merits, we would hold that no violation occurred. Proceeding from the State's contentions and proof that appellant fired multiple shots at Mrs. Brown's van and that Mrs. Brown was personally hit twice, the majority opinion concludes that appellant's convictions for second-degree battery and committing a terroristic act are not constitutionally infirm because they are based on two separate criminal acts.. The trial court properly denied the appellant's motion. The fourth trial that began last week, United States v. Gilbert Baker, is expected to last several weeks and has been paused due to a positive COVID-19 test from one of the trial participants. (2)Upon conviction, any person who commits a terroristic act is guilty of a Class Y felony if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person. 262, 998 S.W.2d 763 (1999). In sum, it appears that the majority has strained to affirm appellant's convictions of second-degree battery and committing a terroristic act by virtue of a flawed reasoning process and by relying on inapposite or nonexistent legal authority. Appellant moved for a directed verdict only on the ground that there was insufficient proof of serious physical injury and did not address the remaining elements under the second-degree battery statute. (AD^ww>Y{ The first note concerned count 3, which is not part of this appeal. The supreme court stated that had he fired his weapon and injured or killed three people, there is no question that multiple charges would ensue. Id. However, this does not require proof of an additional element beyond proving the defendant caused serious physical injury. ; see also Ark.Code Ann. Williams has prior felonies for distribution of drugs and is on parole because of those convictions. Multiple shots, particularly where multiple persons are present, pose a separate and distinct threat of serious harm for each shot to any individual within their range. But the terroristic act count involving Mrs. Brown is based upon the same or-well, actually the same facts and circumstances as the battery in the first-degree charge, the distinction being one is a Class [B] felony and one is a Class Y. See also Sherman v. State, 326 Ark. The trial court is clearly directed to allow prosecution on each charge. hbbd```b``"$zD`5|x,}N&q R&$% $%a`e 0 F7 >Z? U.S. Attorney's Office, Eastern District of Arkansas, Three Defendants Convicted in One Week of Unprecedented Trial Volume, Law Enforcement Coordinating Committee (LECC), Three Federal Trials: Three Guilty Verdicts, Jonesboro Man Sentenced to 20 Years in Prison for Methamphetamine Conspiracy, Being a Felon in Possession of a Firearm, Three Federal Operations in Pine Bluff and Little Rock Lead to Dozens of Drug & Firearm Arrests, Little Rock Fentanyl Dealer Sentenced to 18 1/2 Years in Prison. <> Moreover, the majority analyzes appellant's double jeopardy challenge on the merits using the assumption that second-degree battery is a lesser-included offense of committing a terroristic act. sentencing guidelines on 1/1/1994. 4. At the close of the State's case, appellant's attorney made the following argument: [W]e are at the point in this trial where the State must choose whether it's going forth with battery in the first degree and terroristic act. 3 0 obj 4 0 obj It appears that appellant presumes that the only finding that could reasonably be reached from the evidence was that Mrs. Brown was shot only once. During the sentencing phase of the trial, the jury sent four notes to the trial court. Substantial evidence is that which has sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Our supreme court has held that a mistrial is a drastic remedy which should only be used when there has been an error so prejudicial that justice cannot be served by continuing the trial, or when fundamental fairness of the trial itself has been manifestly affected. (Citations omitted.) FORT SMITH -- A 19-year-old Slanga 96 gang member will be sentenced this morning in Sebastian County Circuit Court after a jury convicted him Wednesday of second-degree murder and seven counts of. hbbd``b`@)H0 I@GHpJ _@W$d@b 0Ld2#io l2 (c) This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict. 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