Armour v. State
2016 Ark. App. 612
| Ark. Ct. App. | 2016Background
- At ~2:00 a.m., Sterling Armour and an unidentified man went to locate Ravern Charles and were escorted by Dennis Butler to Ravern’s home.
- Armour and the other man entered Ravern’s residence while Ravern was absent; Ravern’s wife, Lakesha, and five children were inside.
- Armour tapped Lakesha on the forehead with a gun, grabbed her, dragged her outside, and threatened to kill her; the children were awakened and witnessed the events.
- The men left with Butler; Lakesha called police. Armour was tried for aggravated residential burglary and first-degree terroristic threatening; a separate felon-in-possession count was severed.
- The jury convicted Armour on both counts; he received an aggregate sentence of thirty-five years (including a firearm enhancement).
- Armour appealed, challenging the denial of his motion for directed verdict (i.e., sufficiency of the evidence).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to support aggravated residential burglary (intent to commit a felony on entry) | State: Evidence (midnight entry, armed, brandishing gun, threats) permits inference Armour entered with intent to commit a crime punishable by imprisonment | Armour: No proof of intent to commit a felony on entry; could have come to make verbal demands about money/car repair | Affirmed. Circumstantial evidence (armed entry, brandishing, threats) permitted reasonable inference of intent to commit a felony on entry |
| Sufficiency to support first-degree terroristic threatening (threat to kill to terrorize) | State: Lakesha’s testimony that Armour threatened to kill her supports conviction | Armour: Testimony that he would "do" her was vague and speculative as to intent | Affirmed. Specific testimony that he threatened to kill Lakesha sustains first-degree terroristic threatening |
Key Cases Cited
- Paschal v. State, 388 S.W.3d 429 (2012) (standard for treating directed-verdict challenge as sufficiency review)
- Castrellon v. State, 428 S.W.3d 607 (2013) (substantial-evidence standard for sufficiency review)
- Feuget v. State, 394 S.W.3d 310 (2012) (intent usually inferred from surrounding circumstances)
- Booker v. State, 984 S.W.2d 16 (1998) (circumstantial evidence must reasonably warrant inference of intent beyond entry)
- Mathis v. State, 423 S.W.3d 91 (2012) (threat to kill supports conviction for terroristic threatening)