562 S.W.3d 261
Ark. Ct. App.2018Background
- On Oct. 16, 2016, Calvin Blair shot Timothy Parker during a confrontation at Parker's home; shell casings recovered included two .40-caliber casings.
- Blair was arrested on Oct. 24, 2016; officers found a black Smith & Wesson M&P .40 with serial number HWR0747 on his person.
- Presley Roberts testified a .40 he bought for his nephew was stolen from his truck months earlier, and he identified the gun as his (he testified the serial number "should be" R0767).
- Blair testified the gun introduced at trial was not the one he had at the shooting, said he obtained guns from the street, and claimed he received the gun at issue as a gift and did not know it was stolen.
- Blair moved for directed verdict on the theft-by-receiving charge arguing (1) insufficient evidence the gun was stolen (serial-number discrepancy) and (2) no proof of the gun’s value; the trial court denied the motions and the jury convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State introduced substantial evidence that the firearm Blair possessed was stolen | Roberts identified the gun as his and police tied the recovered gun to Blair by serial number and possession | Blair pointed to the serial-number discrepancy and offered alternative explanations (gift/trade, dismantled prior gun) | Affirmed — jury could credit Roberts, resolve discrepancy, and infer knowledge from possession and Blair’s admissions about obtaining guns on the street |
| Whether the State was required to prove the firearm’s monetary value to sustain a Class D theft-by-receiving conviction | The State argued theft-by-receiving of a firearm is at least a Class D felony and value need not be proved | Blair relied on Cannon to argue affirmative proof of value is required for felony grading | Affirmed — under Arkansas precedent the State need not prove a firearm’s value to obtain a conviction for theft by receiving of a firearm |
Key Cases Cited
- Crozier v. State, 496 S.W.3d 401 (Ark. Ct. App.) (standard for reviewing sufficiency of evidence)
- Neal v. State, 499 S.W.3d 254 (Ark. Ct. App.) (jury may credit or discredit testimony and view evidence as whole)
- Worsham v. State, 537 S.W.3d 789 (Ark. Ct. App.) (jury may infer guilt from improbable explanations)
- Cannon v. State, 578 S.W.2d 20 (Ark.) (value of property required to establish grading in certain theft convictions)
- Gregory v. State, 657 S.W.2d 570 (Ark. Ct. App.) (theft-by-receiving of a firearm is at least a felony and State need not prove firearm value)