The supreme court declined to accept the case. 2 0 obj See Akins v. State, 278 Ark. HWWU~?G%{@%H(AP#(J IJ Circuit Court jury convicted him of two counts of a terroristic act, which he committed in March 2002. Read this complete Arkansas Code Title 5. The State introduced evidence of this through the testimony of the victim, Mrs. Brown. 14 (F) Terroristic act, 5-13-310; 15 (G) Arson, 5-38-301; 16 (H) Unlawful discharge of a firearm from a vehicle, 5- 17 74-107; and 18 (I) An attempt, a solicitation, or a conspiracy to commit . See Ark.Code Ann. s` dL`E@"075T9.NLb3Y!o3us$ k?l=NHhlSu,%QxfR'5K1}&kM.MZh. A person commits a terroristic act under Arkansas Code Annotated section 5-13-310 (Repl.1997) if [h]e shoots at or in any manner projects an object with the purpose to cause injury to persons or property at a conveyance which is being operated or which is occupied by passengers. Subsection (a)(2) defines this offense as a Class Y felony if the act is committed with the purpose of causing physical injury to another person, and causes serious physical injury or death to another person. In the instant case, rather than waiting until the jury returned its verdicts and moving the trial court to limit conviction to only one charge, appellant attempted to prematurely force a selection on the State. endobj 5-13-201(a)(1) (Repl.1997). Have a question about Government Services? See Moore v. State, 330 Ark. 5-13-202(a)(1) (Repl.1997). We find no error and affirm. The discussion in Hill of the procedure to follow on remand regarding the double-jeopardy issue appears only because there was going to be a new trial on account of the other grounds, there was a possibility that multiple findings of guilt might again occur, and the supreme court was providing guidance [to] the trial court upon retrial. Hill, 314 Ark. (a) (1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or. See Muhammad v. State, 67 Ark.App. The majority opinion purports to address appellant's double jeopardy argument by a reasoning process that is as fanciful as it is convoluted. First, the majority holds that the trial court did not err when it denied appellant's motion at the close of the State's case and at the close of all of the evidence to require the State to elect whether to submit the first degree-battery or the terroristic-act charge to the jury. The State initially argues that this court cannot review the element's of second-degree battery because appellant did not abstract the second-degree battery instruction. Unless it is determined that a terroristic act was not meant to be a separate, chargeable offense, it is foreseeable that a prosecutor could elect to charge a defendant with committing a terroristic act and murder, or a lesser-included offense thereof. hbbd```b``"$zD`5|x,}N&q R&$% $%a`e 0 F7 >Z? JENNINGS, CRABTREE, and BAKER, JJ., agree. During the sentencing phase, the jury sent several notes to the trial judge questioning its sentencing options. But also in June 2018, a SSA employee with the Searcy field office noticed that, based on the physical appearance of Kinsey and the fact that he arrived at the office driving a truck with a large horse trailer attached, Kinsey appeared as if he had been working. In the 15 months prior to indictment, Kinsey received more than $100,000 in payments for his ranching activities. 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. This is because the State must show serious physical injury and the additional element of firing into a conveyance or occupiable structure. Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Ark.Code Ann. Arkansas Code Annotated section 5-74-102 (Repl.1997) specifically refers to distributing a controlled substance while possessing a firearm. 47, 48, 939 S.W.2d 313, 314 (1997). Statute # Class Name of Crime Ranking # 5-10-102 Y Murder I 10 # 5-38-202 Y Causing a Catastrophe (Offense date - 7/16/2003 and thereafter) 10 5-54-205 Y Terrorism (Offense date - 7/16/2003 and thereafter) 10 . Please try again. The jury returned their guilty verdict Tuesday evening. Thus, each of the two bullets that penetrated Mrs. Brown would comport with each of the two guilty verdicts that the jury rendered. sentencing guidelines on 1/1/1994. 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 He was also charged and found guilty of another count of committing a terroristic act with respect to a second victim (count 3). 258, 268, 975 S.W.2d 88, 93 (1998). 33, 13 S.W.3d 904 (2000), I would reverse appellant's conviction on the ground that his prosecution for both offenses constituted double jeopardy. At the conclusion of the evidence, appellant's attorney renewed his plea to the trial judge: We would move to dismiss, again and renew our motion stating that the terroristic act, the count describing the terroristic act, is a duplicate or duplicative of the first degree battery charges in-on the facts of this case; that in effect we are trying this man, we would be submitting it to the jury on two counts that would require the same identical facts for a conviction. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Moreover, there has been no legislative or judicial determination prior to this case that second-degree battery is a lesser-included offense of committing a terroristic act. The terroristic act statute also contemplates conduct that results in the death of another person. Not only did she lose part of a bodily organ, her intestine, but she lost function, as well, to such an extent that she needed a colostomy bag for three months. <> .+T|WL,XOVPvH e%*x{]wu sw,}*m@})H~h) < WwmD#X5 N6DoEh&`'BqQ_q7osh). 83, 987 S.W.2d 668 (1999), that committing a terroristic act is not a continuous-course-of-conduct crime. 2536, 81 L.Ed.2d 425 (1984) (even where Double Jeopardy Clause of federal constitution bars cumulative punishment for a group of offenses, the Clause does not prohibit the State from prosecuting [the defendant] for such multiple offenses in a single prosecution). Appellant cannot demonstrate prejudice under these circumstances. Id. Sp m bn D n Khu Nh Lin K, Bit Th Thanh H Mng Thanh hot nht th , Sau nhng ngy va qua t ngy 19/04/2016 khitp on mng thanhmua li c , KHU TH THANH H CA CH U T MNG THANH Subsection (a) (5) provides that a defendant may not be convicted of more than one offense if the conduct constitutes an offense defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.. Holmes . %PDF-1.5 % Only evidence that supports the conviction will be considered. Williams has prior felonies for distribution of drugs and is on parole because of those convictions. The purpose of the Arkansas Sentencing Commission is to establish sentencing standards and to monitor and assess the impact of practices, policies, and existing laws on the correctional resources of the state. The trial court denied his motions. Cp nht nhng tin tc mi nht v bt ng sn trn th trng nhanh chng nht, chnh xc nht. Moreover, had appellant fired his weapon and injured or killed three people there is no question that multiple charges would ensue. of Secure .gov websites use HTTPS Appellant was convicted of a Class Y felony because he shot the victim while she was in her car. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Pursuant to Blockburger, unless each of these offenses requires proof of an additional fact that the other does not, appellant's double jeopardy rights were violated. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF. He argued that his conduct constituted a continuing course of conduct under Arkansas Code Annotated 5-1-110(a)(5) (Repl.1997). It is well-settled that a mistrial is an extreme remedy that should be granted only when the error is beyond repair and cannot be corrected by curative relief. 419, 931 S.W.2d 64 (1996). As the State argues, appellant has failed to do so. The majority asserts that appellant's double jeopardy argument on appeal is procedurally barred. 12, 941 S.W.2d 417 (1997). Select categories: 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. LITTLE ROCKThe week of July 26, 2021, brought three guilty verdicts in separate federal trials. This is reflected in the fact that the same conduct which constitutes a Class D felony for second-degree battery also constitutes a Class Y felony for committing a terroristic act, which carries a more severe penalty. [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. 5. OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES . https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html, Read this complete Arkansas Code Title 5. 5-1-110(a)(1) (Repl.1997); Hill v. State, 314 Ark. endobj The majority then treats appellant's double-jeopardy argument as if the dispositive issue is whether committing a terroristic act is a continuous-course-of-conduct crime, pursuant to McLennan v. State, 337 Ark. It was appellant's burden to produce a record demonstrating that he suffered prejudice. 1 0 obj HART, GRIFFEN, NEAL, and ROAF, JJ., dissent. Fax Line:(501) 340-2728. Id. That is substantial evidence of serious physical injury. A person commits a terroristic act under Arkansas Code Annotated section 5-13 . (2) Terroristic threatening in the second degree is a Class A misdemeanor. hb```"O 1T`We)MP&g8/|d|1y*.vr;\,\g &Q % Appellant appeals only his convictions for counts 1 and 2 involving Mrs. Brown. See Ritchie v. State, 31 Ark.App. x=ko8{HzPH-Gbmye;ySD(UXof;.v:8:_O>nv^t46_JUFITQ3}V_z=*WwK"I'yTI\j} dtwh?_z?__E>]Fgz1"8YD"&8 [?x:O_6]A,/!I| The majority impliedly does so with no authority for its conclusion. PITTMAN, J., concurs. (AD^ww>Y{ Under Arkansas law, in order to preserve for appeal the sufficiency of the evidence to support a conviction of a lesser-included offense, a defendant's motion for a directed verdict must address the elements of the lesser-included offense. Because I believe that a fundamental constitutional right should not be so trivialized simply to permit prosecutors to compound charges against persons accused of crimes, I must respectfully dissent. Therefore, the double jeopardy analysis must be restricted to the elements of establishing second-degree battery and committing a Class Y terroristic act. 2 Terroristic threatening in the second degree is a Class D felony with a maximum prison of. 5-1-110(a) (Repl.1993). 5-13-202(a)(1)-(3). 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. The effects of today's decision may be far-reaching.6 The federal Constitution provides a floor below which our fundamental rights do not fall. <>/Metadata 171 0 R/ViewerPreferences 172 0 R>> See Gatlin v. 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