D 7\rF > 2 Terroristic threatening in the second degree is a Class D felony with a maximum prison of. McLennan was convicted of three counts of committing a terroristic act for firing a handgun three, quick, successive times into his former girlfriend's kitchen window, though no one was injured. Interested in joining the Arkansas DOC family? Each of appellant's shots required a separate conscious act or impulse in pulling the trigger and is accordingly punishable as a separate offense. 83, 987 S.W.2d 668 (1999), and holds that appellant's convictions and sentences for both Class Y terroristic act and second-degree battery do not violate the prohibition against double jeopardy. The case was investigated by NLRPD, ACC, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 2 0 obj 341 Ark. Second-degree battery is a Class D felony. It was only if and when the jury returned guilty verdicts on both offenses that the trial court would be required to determine whether convictions could be entered as to both. The terroristic act statute also contemplates conduct that results in the death of another person. Cite this article: FindLaw.com - Arkansas Code Title 5. We disagree with appellant's argument. at 337 Ark. 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. A lock ( Impact Summary . We find no error and affirm. A person commits a terroristic act under Arkansas Code Annotated section 5-13 . at 279, 862 S.W.2d at 838. arkansas sb2 2023 to create the "truth in sentencing and parole reform act of 2023". (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. (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. %%EOF 514, 954 S.W.2d 932 (1997); Webb v. State, 328 Ark. 5-13-202(a)(3). Please try again. See id. endstream endobj startxref Justice Smith's opinion is crystal clear on this subject: Appellant contends that a violation of Ark.Code Ann. 89, 987 S.W.2d at 671-72 (emphasis added). 412, 977 S.W.2d 890 (1998). The Hunter court stated that where a legislature specifically authorizes cumulative punishment under two statutes regardless of whether those two statutes proscribe the same conduct, a court's task of statutory construction is at an end. Id. (AD^ww>Y{ Criminal Offenses 5-13-310. . You already receive all suggested Justia Opinion Summary Newsletters. All rights reserved. Under the statute, the trial court should enter the judgment of conviction only for the greater conviction. at 89, 987 S.W.2d 668. See also Sherman v. State, 326 Ark. (2)Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property. 47, 48, 939 S.W.2d 313, 314 (1997). This language suggests that the legislature intended to provide enhanced sentencing for such conduct comprising a terroristic act alone, not provide separate punishment for conduct comprising both a terroristic act and second-degree battery. The case was prosecuted by Assistant United States Attorneys Cameron McCree and Lauren Eldridge and was also tried before Judge Baker. teamMember.name : teamMember.email | nl2br | trustHTML }}, Read first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE. 2016), no . 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. Criminal Offenses 5-13-310. It is obvious from the record that the jury was sympathetic toward appellant and was searching for a legal method by which to show him leniency. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Download one of these great browsers, and youll be on your way! (b)(1)Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. 219, 970 S.W.2d 313 (1998). Appellant appeals only his convictions for counts 1 and 2 involving Mrs. Brown. Revised Arkansas Sentencing Standards Grid Effective Date - For Offenses committed January 1, 2018 and Thereafter . Arkansas Code Annotated section 5-74-102 (Repl.1997) specifically refers to distributing a controlled substance while possessing a firearm. The trial court denied the motion. In the future, the double jeopardy issue may arise in conjunction with the terroristic act statute in another context. (2) Terroristic threatening in the second degree is a Class A misdemeanor. 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 at 281, 862 S.W.2d at 839. We agree. See Breedlove v. State, 62 Ark.App. Official websites use .gov 5-13-202(b) (Supp.1999). See Gatlin v. State, supra. at 40, 13 S.W.3d at 908. Appellant argued that both charges were based on the same conduct. See Muhammad v. State, 67 Ark.App. 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. McLennan provides no authority for the majority's double jeopardy argument because the charges for which the instant appellant was convicted are different from the charges in the McLennan case. %PDF-1.5 % (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. 149 0 obj <>stream He argues this is compelling evidence that he did not receive a fair trial. I do not think that it is necessary for us to reach the merits of that question. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/StructParents 0>> 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. 419, 931 S.W.2d 64 (1996). However, a defendant so charged cannot be convicted of both the greater and the lesser offenses. The second guilty verdict of the week was returned on Friday morning. 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. Read this complete Arkansas Code Title 5. (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 G7/w]HOvI%=J;$EX3a9RDvOET@n dXZFzjRnG$`ba-VG^y2&qi+IuP~^5ZLBAc8 H!lpH%-rE@03Vt6 uAkNOsQ6dr~.W?_iIjC H6GtZ wpTw9.G2f,eHTr s368 t%T:w\.)hA~98*1p .*fAq$2 {2sfDHgn {aQ:@K #,ghO!R`-wMUXN@$V1`7C^\gGQ(8. we1"{B (JaH%WC8x3(5]"\gXI%dAR$~ Au7Oq`wWxF"s(Py iA,G+$aiH2 J^8mpEN% iU/&FFC33pc=%iS u7g*h:x!J`` I H,bQ51ZQ8dZF\@{K"dYhLrdLc@w\iA,:AA\3]"FYl@T%8J R[NCl5d=iT&LJBTg(wx.2 _6%} R^$*./ 1` f~oaI%G X>}GUg$ =0;$#"=z|cpW\Sk:3 @?0}&u 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Therefore, we hold that the trial court did not err in refusing to grant appellant's motion for a mistrial. Even were we to consider appellant's double-jeopardy argument on the merits, we would hold that no violation occurred. 3iRE&BQ})P`jJb"'W5+aJ ,]([1}:cy6&Xbm#^}Un2M$1X$;?-wy_KK4{"g1\RD7_xNx=YK^OGyk~ court acquitted Holmes of one count of a terroristic act in case no. The third note asked with regard to committing a terroristic act (count 2) whether appellant could be sentenced to probation, a suspended sentence, or to a term fewer than ten years. 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. Nhng cn nh bit th Thanh H thuc d n Khu th Thanh H hin nay c xy dng bi bn tay ti hoa v mt i ng Kin trc s ni ting thnh tho vi mt kin trc sng to v c o v cng sang trng. 5 13 310 Y Terroristic Act 8 5 13 310 B Terroristic Act 5 # 5 14 103 Y Rape 9 5 14 104 A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) 180, 644 S.W.2d 273 (1983); Wilson v. State, 277 Ark. A combination of pandemic-related delays and a significant increase in caseload resulted in four simultaneous jury trials in federal court last week. endobj Therefore, under the Blockburger test, because each offense does not require proof of additional elements, the two statutes punish the same conduct. In Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. 239, 241, 988 S.W.2d 492, 493 (1999). 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). Law enforcement received information that Williams was dealing drugs from his residence. While not expressly stated, it is implicit that appellant's counsel argued that he was being prosecuted twice based upon the same conduct. <>/Metadata 171 0 R/ViewerPreferences 172 0 R>> 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). On October 27, 1997, appellant allegedly fired multiple shots from a rifle into a van that was being driven by his wife, Shirley Brown. 16 -90 802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. On review, the appellate court views the evidence and all reasonable inferences deducible therefrom in the light most favorable to the appellee and affirms if there is substantial evidence to support the conviction. endstream endobj startxref In ADC and other sanctions on the particular facts of the Arkansas sentencing Standards Grid has been adopted the! The State maintains that appellant has not produced a record by which it is apparent that he suffered prejudice as a result of the questions asked by the jurors. 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 It is important to note that the supreme court in Hill reversed Hill's conviction on different grounds, not on the double-jeopardy argument. He was also charged and found guilty of another count of committing a terroristic act with respect to a second victim (count 3). <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The converse is not true. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. At the close of the State's case and at the close of all of the evidence, appellant moved for a directed verdict, asserting that the State failed to prove that Mrs. Brown suffered serious physical injury. Yet, the majority's position is premised on the unresolved issue of whether second-degree battery is a lesser-included offense. 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. Consequently, 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. 3 0 obj The majority characterizes the offenses in whatever manner best suits its analysis. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Therefore, the double jeopardy analysis must be restricted to the elements of establishing second-degree battery and committing a Class Y terroristic act. Contact us. {{ tag.word }}, {{ teamMember.name ? In Rowbottom, our supreme court held that a defendant's conviction for possession of drugs and for simultaneous possession of drugs and firearms does not constitute double jeopardy. Share sensitive information only on official, secure websites. Select categories: T hp chung ch B2.1 HH03 vi 6 ta thp cao 20 tng nm st h iu ha ang hon thin d kin bn giao thng 11/2018 gi gc 12tr/m2 , chnh t 10 triu/1 cn. Second-degree battery does not require proof of an additional element that committing a Class Y terroristic act does not require. ^`2{O} NZX%!4^O^(~Iq%r|^8Q_(Q 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. The jury returned their guilty verdict Tuesday evening. Williams has prior felonies for distribution of drugs and is on parole because of those convictions. In March of 2018, North Little Rock Police Department (NLRPD) and Arkansas Community Corrections (ACC) conducted a parole search of Williams home and located two handguns, a Glock and a Ruger, both of which were loaded, as well as ammunition, methamphetamine, and marijuana. It is when the jury returns guilty verdicts that the defense should move the trial court to limit the judgment of conviction to one charge. However, appellant did not raise these specific objections below and we decline to address issues raised for the first time on appeal. 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. 0 Terroristic act on Westlaw. The first note concerned count 3, which is not part of this appeal. Appellant was convicted of a Class Y felony because he shot the victim while she was in her car. The difference between the offenses is based upon the degree of risk or risk of injury to person or property, or else upon grades of intent or degrees of culpability. Appellant argued in his motion for a directed verdict that the State failed to prove that he caused serious physical injury to Mrs. Brown, proof of which was necessary to sustain a conviction for both first-degree battery and a Class Y conviction for committing a terroristic act. At trial, the United States called numerous witnesses who all testified that during the time periods alleged they had either bought horses or hay from Kinsey or had Kinsey transport livestock. Criminal Offenses 5-13-310. Consequently, the sentencing order in case no. The trial court properly denied the appellant's motion. He also moved at the close of the evidence to compel the State to elect between counts 1 and 2 so as to identify which alleged offense it wished to proceed on with regard to Mrs. Brown. A subsequent SSA-OIG investigation revealed that Kinsey had been working as a horse rancher on his family farm in Beebe. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF. Arkansas.gov, Access a Digital Copy of the Guidelines Manual, The Official Website of the State of Arkansas, Criminal Detention Facilities Review Committees, Interstate Commission for Adult Offender Supervision, Arkansas Criminal Justice Task Force on Offender Costs and Collections. TrackBill does not support browsers with JavaScript disabled and some functionality may be missing, please follow these steps to enable it. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 5-1-110(a)(1) (Repl.1997); Hill v. State, 314 Ark. 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. See Marta v. State, 336 Ark. 5-1-102(19) (Repl.1997). First-degree battery requires proof of purposefully causing serious physical injury to another by means of a deadly weapon. The majority states: [A]n 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, a defendant so charged cannot be convicted of both the greater and the lesser offenses. (Emphasis added.)
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