138, 722 S.W.2d 842 (1987). Appellant maintains that the jury tried to refuse sentencing and attempted to sentence him outside the statutory minimums. 1 0 obj arkansas sb2 2023 to create the "truth in sentencing and parole reform act of 2023". A .gov website belongs to an official government organization in the United States. Thus, the prohibition against double jeopardy was not violated in this case. gi 62tr/m2, B1.3 BT 09 2,3 din tch 188m2 gi TT, B1.3 BT14 4 gc vn hoa 202m2 i din trng hc gi TT, B1.3 BT8 03 200m2 nhn vn hoa, gn chung c HH03 v h gi TT, B1.1 BT2 10 mt ng 25m mt tin 12m din tch 240m2, B1.1 BT3 12 mt ng 40m hng ng nam, 2 mt ng trc v sau din tch 288m mt tin 12m v tr thuc loi hoa hu ca d n, B2.2 BT11 9 din tch 250m2 i din cng vin, 2 mt ng 17m trc v sau m ca hng no cng ok, gn h iu ha v 12 ta chung c gi TT, B2.5 BT01 12 din tch 200m2 hng ng, nhn trng hc gi TT, B3.1 BT 01 01 din tch 255m2 gc mt ng 50m, mt tin 12m, gc mi 24,7tr/m2, A1.2 BT01 2,3.9 din tch 212m2 mt knh ng 17m gi TT, A2.3 BT2 01 gc mt knh 3 mt thong, din tch 304,73m2 v tr vp gi TT. James Brown appeals from his convictions for second-degree battery and committing a terroristic act. 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. under 5-13-301(a)(1)(A) involves the element of communication of a qualifying threat; the types of threats which may be communicated constitute the various means by which this element may be met. 5-13-310, Terroristic Act (Class B felony)*, and A.C.A. The Hill court reversed and remanded on other grounds, but stated that the trial court correctly denied appellant's motions. PITTMAN, J., concurs. When Justice Smith wrote in McLennan that there is no question multiple charges would ensue, he plainly referred to multiple counts of the same terroristic act charge, not separate charges for entirely different offenses. (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. 673. 178 0 obj <>/Filter/FlateDecode/ID[<9FA1F863F46D3E468518A41EE9D50BC4><91B22063230ABF4B82CB84D2D3C32D2B>]/Index[161 40]/Info 160 0 R/Length 93/Prev 214788/Root 162 0 R/Size 201/Type/XRef/W[1 3 1]>>stream <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/StructParents 0>> TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Habitual offenders -- Sentencing for felony Universal Citation: AR Code 5-4-501 (2017) (a) (1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a) (2) of this section: (A) A defendant who: Appellant cannot demonstrate prejudice under these circumstances. Appellant moved for and renewed a motion for mistrial based on the jury's confusion with regard to its sentencing options, also arguing that the notes indicated that he was not receiving a fair and impartial trial. 139, 983 S.W.2d 383 (1998). The supreme court declined to accept the case. It is scheduled to resume Tuesday morning pending negative COVID-19 test results from the remaining trial participants. (2)Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property. (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. (2) Terroristic threatening in the second degree is a Class A misdemeanor. endstream endobj startxref 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. 0 Appellant was sentenced to serve 120 months for his conviction for committing a terroristic act, and was ordered to pay a $1.00 fine for second-degree battery. The statute further specifies that the punishment imposed shall be in addition to the punishment for the underlying crime. Serious physical injury is an injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. Ark.Code Ann. Appellant premises his argument on (3). Criminal Offenses 5-13-310. A locked padlock 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. endobj The applicable rule under Blockburger v. U.S., 284 U.S. 299, 304, 52 S.Ct. %PDF-1.4 % 31 (a) The Arkansas Crime Information Center shall maintain a registry of 32 all sentencing orders . 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. The majority now cites McLennan in rejecting appellant's double jeopardy argument by asserting that each of the two bullets that penetrated Mrs. Brown would comport with each of the two guilty verdicts that the jury rendered. 514, 954 S.W.2d 932 (1997); Webb v. State, 328 Ark. Little Rock, AR 72203, Telephone:(501) 340-2600 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. Only evidence that supports the conviction will be considered. 1 0 obj Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Subtitle CONCERNING A THREAT TO COMMIT AN ACT OF MASS VIOLENCE ON SCHOOL PROPERTY. A motion for directed verdict challenges the sufficiency of the evidence. Main Office: We agree. This is because the State must show serious physical injury and the additional element of firing into a conveyance or occupiable structure. A lock ( 5-13-310 Terroristic Act is a continuing-course-of-conduct crime which should limit the charges against him under this statute to one charge for shooting into the apartment three times Nothing in this statute defines this crime as being a continuous-course-of-conduct crime, or even gives the impression that it was created with such a purpose There is no question that one shot would be sufficient to constitute the offense. The final guilty verdict arrived late Friday evening, when jurors deliberated for only 20 minutes after hearing the evidence against Ryan Kinsey, 35, of Beebe, who was charged with one count of Social Security fraud and one count of making materially false statements to the Social Security Administration (SSA). Thanh tra TP H Ni cng b quyt nh thanh tra trch nhim ca phng, qun , TBCKVN Lnh o Tp on Mng Thanh cho bit, tp on ny s xy dng mt khch sn bnh vin ln nht ng Dng ti khu th Thanh , Hn 20 km ng trc Nam H Ni vi tng mc u t 5.000 t ng c thm nha, trng cy xanh khnh thnh dp , H iu ha L phi xanh trong lng khu th Thanh H Mng Thanh 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 . Hill v. State, 325 Ark. Further, the majority completely fails to apply the correct legal standard, because it failed to determine the legislative intent governing a defendant's conviction under both statutes at issue in this case. 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. 4 0 obj First, the majority appears to set new precedent without expressly doing so. To the extent that he argues that the trial court should not have entered judgments of conviction and imposed sentences as to both offenses, it is my opinion that the issue is not preserved for appeal,4 and I express no opinion on the question. A person commits a terroristic act under Arkansas Code Annotated section 5-13 . 2 0 obj Thus, the prohibition against double jeopardy was not violated in this case. Nothing in the McLennan opinion supports that notion, nor does the majority opinion offer any other authority for it. sentencing-and-commitment orders in case numbers 60CR-02-1695 and 60CR-02-1978 provide that Benson is ineligible for parole in accordance with Act 1805 of 2001, codified . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 3 0 obj 341 Ark. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Appellant was convicted of second-degree battery and committing a terroristic act. Appellant was convicted of a Class Y felony because he shot the victim while she was in her car. His points for reversal are: 1) his convictions on both charges arose from the same conduct and constitute double jeopardy, 2) the State failed to prove that he caused serious physical injury to the victim, and thus the trial court erred in denying his motions for directed verdict, and 3) the trial court erred in denying his motion for a mistrial. 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.. The majority asserts that appellant's double jeopardy argument on appeal is procedurally barred. Yet, the majority's position is premised on the unresolved issue of whether second-degree battery is a lesser-included offense. 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