Anthony Bens v. State of Arkansas
593 S.W.3d 495
Ark. Ct. App.2020Background
- On Dec. 21, 2017, officers responded to a reported fight; Anthony Bens was the sole occupant of a vehicle stopped at the scene.
- Officers observed a marijuana blunt on the center console and an open gun case on the passenger seat containing a loaded magazine but no gun.
- Bens fled briefly, re-entered the vehicle, ate the blunt, and officers later found part of a handgun under the driver’s seat.
- Officers recovered a .40-caliber Glock loaded with a full magazine and a round in the chamber; Bens was arrested.
- At trial Bens testified he did not know the gun or gun case was in the car; his fiancée testified she owned the gun and usually stored it under the driver’s seat.
- A Grant County jury convicted Bens of felon-in-possession and tampering with evidence; he was sentenced as a habitual offender to seven years on the firearm conviction (and fined for the misdemeanor).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency—possession of firearm by a felon | State: Constructive possession proven by firearm being under driver’s seat and immediately accessible to Bens | Bens: No actual or constructive possession; gun belonged to fiancée, car title in mother’s name, gun case on passenger seat | Court: Evidence was substantial; constructive possession proven and verdict affirmed |
| Preservation of constructive-possession claim | State: Bens failed to preserve because he didn't use term “constructive” in initial directed-verdict motion | Bens: Renewed motion at close of all evidence argued failure to prove actual or constructive possession | Court: Preserved—broad claim of “possession” encompassed constructive-possession argument |
Key Cases Cited
- Polk v. State, 348 Ark. 446 (2002) (single occupant of borrowed/other-owned car is subject to general constructive-possession analysis)
- Lambert v. State, 2017 Ark. 31 (2017) (joint-occupancy cases require additional linking factors)
- Loggins v. State, 2010 Ark. 414 (2010) (joint-occupancy drug-possession principles)
- Pokatilov v. State, 2017 Ark. 264 (2017) (credibility and joint-occupancy distinctions)
- White v. State, 2014 Ark. App. 587 (2014) (constructive possession defined as control or right to control)