Adams v. State
2014 Ark. App. 308
| Ark. Ct. App. | 2014Background
- Appellant David Keith Adams was tried by a Pulaski County bench jury on charges of residential burglary, first-degree terroristic threatening, third-degree domestic battery, and first-degree interference with emergency communications.
- Appellant was found to be a habitual felon and was sentenced to concurrent prison terms totaling 180 months.
- The State’s evidence showed Adams broke into Karen Roark’s home, assaulted her, damaged property, and threatened to kill her while she was on 911 with police responding.
- Adams challenged the sufficiency of the evidence for terroristic threatening and interference with emergency communications and contested the trial court’s authority to enhance his sentence as a habitual offender.
- The trial court credited the State’s evidence over Adams’s testimony, and the appellate court affirmed all convictions and the sentence after reviewing the record for substantial evidence and statutory compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of terroristic threatening evidence | Adams argues insufficient mens rea to prove terroristic threatening | State contends proof of purposeful intent to terrorize shown by conduct and statements | Conviction affirmed; evidence supports purpose to terrorize even if threats were not explicit |
| Sufficiency of interference with emergency communications evidence | Adams contests knowledge that Roark was calling 911 | State shows knowing interference by taking and breaking her phone to defeat emergency aid | Conviction affirmed; evidence supports knowing interference with 911 call |
| Authority to enhance sentence and identification of prior conviction | Adams argues bench trial cannot enhance under 5-4-502 and prior conviction not properly identified | State relies on Freeman to allow bench-sentencing and certification of prior conviction suffices | Sentence enhancement upheld; statute permits bench enhancement and prior conviction proved |
Key Cases Cited
- Walters v. State, 286 Ark. 166, 690 S.W.3d 122 (1985) (identification and similarity requirements for prior felonies)
- Lowry v. State, 364 Ark. 6, 216 S.W.3d 101 (2005) (terroristic threatening standards and purpose to terrorize)
- Freeman, 312 Ark. 34, 846 S.W.2d 660 (1993) ( supreme court holding on habitual-sentencing authority for bench trials)