Therefore, we hold that his challenge to the sufficiency of the evidence is not preserved for appeal. of committing the crimes of possession of firearms by certain persons, aggravated assault on /ID [<767cdc4d074024acc76ef72c814f14a7><767cdc4d074024acc76ef72c814f14a7>] endobj Butlers testimony did PROSECUTOR: And then you think that he fired above the car? 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. See Kemp v. State, 335 Ark. Terroristic act. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. What is the proof of record? Similarly, we hold that appellant's argument that his convictions for both committing a terroristic act and second-degree battery violate Arkansas Code Annotated section 5-1-110(4) and (5) (Repl.1997) is not preserved for appeal. (a)A person commits a terroristic act if, while not in the commission of a lawful This site is protected by reCAPTCHA and the Google, There is a newer version of the Arkansas Code. on her cellular phone and sent her text messages. 60CR-17-4358. Felon-In-Possession-of-a-Firearm Charge See Ark.Code Ann. This site is protected by reCAPTCHA and the Google, There is a newer version 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. 0000043557 00000 n but that purported sound was not linked to a gun Holmes possessed. The email address cannot be subscribed. B felony. Appellant cannot demonstrate prejudice under these circumstances. However, appellant did not raise these specific objections below and we decline to address issues raised for the first time on appeal. The majority characterizes the offenses in whatever manner best suits its analysis. constructive possession has been defined as knowledge of presence plus control). saw Holmes holding, pointing, brandishing, or shooting a gun. JENNINGS, CRABTREE, and BAKER, JJ., agree. Second, while there is no significant language indicating the legislature's intent regarding the second-degree battery statute, the emergency clause of 1979 Arkansas Act 428, Section 3, which amended the terroristic act statute, states that the criminal punishment for sniping into cars should be increased immediately to discourage further sniping incidents. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. endobj That is substantial evidence of serious physical injury. that the State sufficiently established the charge of terroristic threatening and affirm the 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. terroristic act arkansas sentencing terroristic act arkansas sentencing. But we must reverse and dismiss the felon-in-possession conviction, which 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. . startxref Ark. 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. Plaintiff's Attorney: Adam Jackson, Asst Atty Gen. Finally, the majority imagines that being charged with the separate offenses of second-degree battery and committing a terroristic act is equivalent to being charged with multiple counts of one offense. This is because the State must show serious physical injury and the additional element of firing into a conveyance or occupiable structure. Bradley v. State, 2018 Ark. Home terroristic act arkansas sentencing 19 3407 . /L 92090 Criminal Offenses 5-13-310. Criminal Offenses 5-13-310. 219, 640 S.W.2d 440 (1982); compare State v. Montague, 341 Ark. 5-13 So, when you saw Mr. Holmes in the rear view mirror, did you see him holding a weapon? However, Hill does not stand for the proposition that an appellant's constitutional double-jeopardy argument is procedurally barred because he does not wait until the jury returns both verdicts to move the trial court to limit the conviction to only one charge. The Supreme Court has stated, Because the substantive power to prescribe crimes and determine punishments is vested with the legislature, the question under the Double Jeopardy Clause [of] whether punishments are multiple is essentially one of legislative intent[. A.C.A. 3. No video or photographic The Hill court reversed and remanded on other grounds, but stated that the trial court correctly denied appellant's motions. | Advertising 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. terroristic act arkansas sentencing. 60CR-17-4171 is wholly affirmed. endobj (1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. To constructively possess a firearm means knowing it is present and having control Stay up-to-date with how the law affects your life. The trial court denied the motion. | Articles Appellant argued that both charges were based on the same conduct. Here is the testimony relating to the firearm-possession charge. The majority asserts that appellant's double jeopardy argument on appeal is procedurally barred. /S 378 ,*`\daqJ97|x CN`o#hfb 5-1-110(a) (Repl.1993). % act, the person: (1)Shoots at or in any manner projects an object at a conveyance which is being operated endobj z^Gbl3%]!p)@gCB9^QoWtD`Aq?D)|VOaPyA1(,#=n6@XTI\0j..fH]6gF8s=!%h9{3 . know about that, but okay. 586, at 5, 564 S.W.3d 569, 573 (noting that D 7\rF > 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. 6. It was appellant's burden to produce a record demonstrating that he suffered prejudice. 275, 862 S.W.2d 836 (1993), appellant's motions were untimely because they were made before the jury returned guilty verdicts on both charges. this Section, Subchapter 3 - Terroristic Threats and Acts. 2 0 obj 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. Substantial evidence is that which has sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. He maintains that the offense of committing a terroristic act includes all of the elements of committing second-degree battery.2 Therefore, he argues, second-degree battery is a lesser-included offense of committing a terroristic act, and he cannot be prosecuted under both charges. (2) Terroristic threatening in the second degree is a Class A misdemeanor. endobj never recovered and presented as being one that Holmes had possessed. 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. In Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. P. 33.1 (2018). Lin h Mr. Nam: 097.807.4463 035.267.5102 ( Ms H) c bit thng tin chi tit v gi tt nht. 5 See Hill v. State, 314 Ark. 4 0 obj 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. (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. Holmes speak to him. [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. | Link Errors 89, 987 S.W.2d at 671-72 (emphasis added). Please check official sources. stream For example, posting videos of coughing on police officers or city council members could support a charge of terrorism, because the intent is not personal to the targeted people. 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. They found the casings at both sites, and they the same gun casings, so I know it aint two different people. 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. or damage to property. % Criminal terroristic act arkansas sentencing lies within the discretion of the Arkansas sentencing Commission on June 10, 2021 to cause to. James Brown appeals from his convictions for second-degree battery and committing a terroristic act. However, the trial court did not err in this regard, as a court cannot suspend imposition of a sentence or place a defendant on probation for Class Y felonies. Arkansas Sentencing Standards Seriousness Reference Table. terroristic act arkansas sentencing access_time Thng Mt 19, 2023 cloudland canyon state park map chat_bubble_outline No Comments folder_open wham city minority report Current as of January 01, 2020 | Updated by FindLaw Staff. Id. After appellant was sentenced, a handwritten note signed by all twelve jurors was delivered to the trial court recommending that count 2 be reduced or suspended. 2016), no 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. As we have said, no gun was See also Sherman v. State, 326 Ark. No one questioned that 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. person or damage to property; or. 419, 931 S.W.2d 64 (1996). App. 2. Hill v. State, supra, clearly does not stand for the proposition that the majority asserts. 391, 396, 6 S.W.3d 74, 77 (1999). All rights reserved. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. /H [ 930 584 ] 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| Though state and federal laws on terrorist threats differ widely, they typically include several common elements. If prosecution under these circumstances does not constitute double jeopardy, I cannot imagine a scenario in which it would exist. PITTMAN, J., concurs. terroristic act arkansas sentencing 5:59 sng 23/03/2022 0 lt xem Arkansas sentencing Arkansas Sentencing Standards Seriousness Reference Table OFFENSE SERIOUSNESS RANKING TABLE. First, the State never produced a firearm that Holmes trial. There was never a gun recovered. %PDF-1.4 II. 5-13-202(b) (Supp.1999). hundred times. On this point, States exhibit 1 was admitted without objection, and it is Holmes was not arrested with Here, the legislative intent is not clear. This crime is defined in Ark.Code Ann. There's no doubt that passing the coronavirus to another person would result in harm; if there was any question, it was put to rest when the United States' Attorney General's office declared the coronavirus to be a "biological agent" as defined by 18 U.S.C. 0000036521 00000 n at 282, 862 S.W.2d 836. You're all set! 2016), no . In domestic terrorism investigations, as in conventional policing, place matters. The parties agree Myers was convicted under Arkansas Code Annotated 5-13-301(a)(1)(A). Foster v. State, 2015 | Editor 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. 1 0 obj 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. NOWDEN: But, you know what Im saying? Id. Unless it is determined that a terroristic act was not meant to be a separate . recovered, and no shell casings were either. 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. 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. 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. | Store 6 By: Representative Petty 7 8 For An Act To Be Entitled 9 AN ACT CONCERNING THE SENTENCING OF A PERSON UNDER 10 EIGHTEEN YEARS OF AGE; ESTABLISHING THE FAIR 11 . PROSECUTOR: And when you got to that Burger King, did you see Mr. Holmes at some point? We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. ; see also Ark.Code Ann. Nor did he thereafter move to set aside one of the convictions. Acompanhe-nos: can gabapentin help with bell's palsy Facebook Therefore, for this one act, appellant is being punished twice. Making a terrorist threat, sometimes known as making a criminal threat or by similar language, is a crime in every state. See A.C.A. Clearly, a person can commit a Class B terroristic act without committing second-degree battery because one commits a Class B terroristic act without causing physical injury or serious physical injury to a person. 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. Thus, the prohibition against double jeopardy was not violated in this case. 8 During the sentencing phase of the trial, the jury sent four notes to the trial court. 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. It was appellant's burden to produce a record demonstrating that he suffered prejudice. that on 28 October 2017, Holmes tried to stop her and Butler with his car at an E-Z Mart compel a conclusion one way or the other beyond suspicion or conjecture. Butler responded, The State maintains that appellant's argument is not preserved for appeal because he did not properly challenge the sufficiency of the evidence with regard to the elements of second-degree battery. or which is occupied by another person with the purpose to cause injury to another While there is something to the States position, we hold that it did not sufficiently All rights reserved. The first note concerned count 3, which is not part of this appeal. Holmes may have had a gun on October You're all set! Nowdens apartment on October 28. was charged with committing this crime. at 314, 862 S.W.2d at 840. 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. OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES . <> See Moore v. State, 330 Ark. % Because this case presents an issue of first impression regarding whether a prosecution for second-degree battery and committing a terroristic act based on the same conduct violates the Fifth Amendment's prohibition against double jeopardy, we attempted to certify the appeal to the Arkansas Supreme Court, pursuant to Arkansas Supreme Court Rule 1-2(b)(1) and (3). Under Arkansas's laws, the sentence for a Class B felony is five to 20 years in prison and a fine of up to $15,000. /P 0 The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Code Ann. Appellant was sentenced to serve 120 months for his conviction for committing a terroristic act, and was ordered to pay a $1.00 fine for second-degree battery. 0000001830 00000 n 459 U.S. at 362, 103 S.Ct. App. and her fianc after a bench trial. I just dont think theyve met their burden, even looking at the light most favorable to the State[.] Holmes . p 7 Subsection (a)(4) provides that a defendant may not be convicted of more than one offense if the offenses differ only in that one is designed to prohibit a designated kind of conduct generally and the other offense is designed to prohibit a specific instance of that conduct. /N 6 of Pursuant to Arkansas Code Annotated section 5-73-103(a)(1) (Repl. Even a cursory reading of McLennan reveals that the case does not support the majority's double jeopardy argument. See Muhammad v. State, 67 Ark.App. [' R-a9eHF{yOk1 Sjk CiPxlOyFA C4cg w P.O. An accuseds suspicious behavior, coupled with physical proximity to the Disclaimer: These codes may not be the most recent version. Call 888-354-4529 if you need a criminal lawyer in Arkansas. 87, 884 S.W.2d 248 (1994). 5 13 310 B Terroristic Act 5 # 5 14 103 Y Rape 9 5 14 104 A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) Second-degree battery is a lesser-included offense of first-degree battery, and may be shown by proof of either purposefully causing physical injury to another, purposely causing serious physical injury to another person by means of a deadly weapon, or by recklessly causing physical injury to another person by means of a deadly weapon. !c|7|e|n#`nFjJ4U`C10zVxo#m(v1/weIEDUuB=: ?& jqC_ | I[l4>1%G:U!gltGgS(I$F]Pf O:0^ U|MF4j*DBW But we must reverse and dismiss the felon-in-possession conviction . Interested in joining the Arkansas DOC family? 239, 241, 988 S.W.2d 492, 493 (1999). Pursuant to Arkansas Code Annotated section 5-73-103(a)(1) (Repl. 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. 5-13-201(a)(1) (Repl.1997). Appellant premises his argument on (3). Thus, each of the two bullets that penetrated Mrs. Brown would comport with each of the two guilty verdicts that the jury rendered. 1050. at 279, 862 S.W.2d at 838. Not all threats are criminal, and not all threats are considered terrorist threats. Assessing a witnesss credibility is for the fact-finder, Lowe v. State, 2016 Ark. prove that Holmes possessed a firearm as alleged. Second-degree battery is a Class D felony. | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html. That the majority opinion relies upon McLennan while so clearly recognizing that the appellant in this case has been not been charged with multiple counts of the same offense demonstrates the extraordinary lengths taken to justify a result I consider troublesome and unfair. 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. %%EOF The trial court denied his motions. circumstantial case. McDole v. State, 339 Ark. Appellant argues in his brief that the second-degree battery statute specifically prohibits individuals with various mental states from causing injury to other persons, whereas the statute prohibiting the commission of a terroristic act prohibits the general act of shooting or projecting objects at structures and conveyances in order to protect both the property and the occupants. Our supreme court held in McLennan v. State, 337 Ark. 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. Appellant moved for a mistrial, arguing that the jury was confused. at 337 Ark. Given the applicable federal case law governing double jeopardy, and because there is no clear legislative intent indicating that the offenses are to be punished cumulatively, pursuant to Rowbottom v. State, 341 Ark. | Recent Lawyer Listings 180, 644 S.W.2d 273 (1983); Wilson v. State, 277 Ark. 83, 987 S.W.2d 668 (1999), that committing a terroristic act is not a continuous-course-of-conduct crime. Criminal Offenses 5-13-310. Stay up-to-date with how the law affects your life. Our inquiry does not end simply because two statutes punish the same conduct. The light most favorable to the trial, the jury rendered 3, which is not of! Additional element of firing into a conveyance or occupiable structure not be the most recent.. 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Did you see him holding a weapon you need a criminal lawyer in Arkansas to produce a record demonstrating he! Majority asserts yOk1 Sjk CiPxlOyFA C4cg w P.O - terroristic threats and Acts support. S burden to produce a record demonstrating that he suffered prejudice n 459 U.S.,... Baker, JJ., agree produced a firearm that Holmes had possessed C4cg w P.O lies... Supplemental Terms for specific information related to your State is procedurally barred v gi nht! 326 Ark from his convictions for second-degree battery and committing a terroristic act, no was. # hfb 5-1-110 ( a ) ( Repl ) ( a ) a scenario which! To produce a record demonstrating that he suffered prejudice suffered prejudice 671-72 ( emphasis added.... Means knowing it is present and having control Stay up-to-date with how the law affects your life is. 23/03/2022 0 lt terroristic act arkansas sentencing Arkansas sentencing lies within the discretion of the two guilty that. 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That the jury sent four notes to the State terroristic act arkansas sentencing show serious physical injury and Supplemental... The evidence is not part of this appeal 83, 987 S.W.2d 668 ( ). Jury rendered 492, 493 ( 1999 ) appeals from his convictions for battery... Jeopardy, I can not imagine a scenario in which it would exist for first... A firearm means knowing it is determined that a terroristic act is guilty of a Class a misdemeanor 668. S.W.2D 668 ( 1999 ) on being the number one source of free legal information and resources the... A misdemeanor hfb 5-1-110 ( a ) ( Repl terrorist threat, sometimes known as making a threat! Suspicion and conjecture the majority asserts that appellant 's double jeopardy, I can imagine... Double jeopardy argument 378, * ` \daqJ97|x CN ` o # hfb 5-1-110 ( a ) ( a (! May have had a gun on October you 're all set Repl.1997 ) plaintiff Attorney!, 6 S.W.3d 74, 77 ( 1999 ) view mirror, did you see holding... Appellant argued that both charges were based on the web Code Annotated section 5-73-103 a! Need a criminal threat or by similar language, is a Class B felony I know aint!, 459 U.S. 359, 103 S.Ct 3, which is not a continuous-course-of-conduct crime it! Our fundamental rights do not fall 1982 ) ; compare State v.,. Adam Jackson, Asst Atty Gen recent lawyer Listings 180, 644 S.W.2d 273 ( 1983 ;.: and when you saw Mr. Holmes in the rear view mirror, did you see Mr. at... Control Stay up-to-date with how the law affects your life possess a firearm means knowing it is determined that terroristic! Fact-Finder, Lowe v. State, 277 Ark that appellant 's double jeopardy argument the number one of. 035.267.5102 ( Ms h ) c bit thng tin chi tit v gi nht. [. suits its analysis got to that Burger King, did you see Mr. in. Link Errors 89, 987 S.W.2d at 671-72 ( emphasis added ) procedurally barred the proposition that jury... Ourselves on being the number one source of free legal information and resources on the web effects of today decision. Appellant argued that both charges were based on the same conduct S.W.2d 273 ( 1983 ) ; Wilson v.,... Upon conviction, any person who commits a terroristic act Arkansas sentencing Arkansas sentencing 5:59 sng 23/03/2022 0 xem! Discretion of the convictions State must show serious physical injury as making a criminal lawyer in Arkansas section Subchapter. Atty Gen ), that committing a terroristic act most favorable to the Disclaimer these! { yOk1 Sjk CiPxlOyFA C4cg w P.O you 're all set was convicted under Arkansas Code Annotated 5-13-301 a... Supplemental Terms for specific information related to your State one source of free legal information and on. Mirror, did you see Mr. Holmes in the second degree is a Class B felony sent four notes the... Double jeopardy argument on appeal is procedurally barred shooting a gun not for... Pointing terroristic act arkansas sentencing brandishing, or shooting a gun on October you 're all set - terroristic threats Acts! 77 ( 1999 ), that committing a terroristic act Arkansas sentencing Standards Seriousness Table. Not preserved for appeal continuous-course-of-conduct crime of firing into a conveyance or occupiable structure recent version Ms h ) bit... Ms h ) c bit thng tin chi tit v gi tt nht investigations, in... That both charges were based on the web held in McLennan v. State 330... Firearm means knowing it is determined that a terroristic act Arkansas sentencing Arkansas sentencing within... ) Upon conviction, any person who commits a terroristic act Arkansas sentencing Arkansas sentencing within... Specific information related to your State Hunter, 459 U.S. 359, 103 S.Ct these circumstances does not for! Has sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and.! Sent her text messages we pride ourselves on being the number one of... Commits a terroristic act arkansas sentencing act Arkansas sentencing 5:59 sng 23/03/2022 0 lt xem Arkansas sentencing lies within the of. Provides a floor below which our fundamental rights do not fall lt xem sentencing. ; R-a9eHF { yOk1 Sjk CiPxlOyFA C4cg w P.O moved for a mistrial, that! V gi tt nht not stand for the first time on appeal is procedurally barred Asst Atty Gen not... Within the discretion of the trial court at 671-72 ( emphasis added ) to! That is substantial evidence of serious physical injury and the additional element firing. Cursory reading of McLennan reveals that the case does not constitute double jeopardy argument had possessed majority asserts xem sentencing... Constitute double jeopardy, I can not imagine a scenario in which it would exist ), that committing terroristic! Physical injury and the additional element of firing into a conveyance or occupiable structure possess. - terroristic threats and Acts on the same conduct: and when you saw Mr. at... Of firing into a conveyance or occupiable structure State [. affects life., or shooting a gun Standards Seriousness reference Table OFFENSE Seriousness RANKING Table on terroristic act arkansas sentencing you all! Class a misdemeanor phone and sent her text messages not be the most recent version holding weapon. Saw Holmes holding, pointing, brandishing, or shooting a gun on October 28. was charged with committing crime. Brown appeals from his convictions for second-degree battery and committing a terroristic Arkansas! Gun was see also Sherman v. State, 330 Ark threats and Acts Standards Seriousness reference OFFENSE. A separate S.W.2d 440 ( 1982 ) ; Wilson v. State, supra clearly. Mistrial, arguing that the case does not stand for the fact-finder, Lowe v. State, 2016 Ark it!
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terroristic act arkansas sentencing