Brewer v. State
2017 Ark. App. 119
Ark. Ct. App.2017Background
- In September 2012, while an inmate at Cummins Unit, Christopher Brewer handcuffed a nurse (Nicole Williams) to himself and held a shank to her throat until shown transfer paperwork; no physical injury occurred. He was charged with kidnapping and aggravated assault.
- Brewer was convicted by a jury in May 2015 and sentenced to an aggregate 42 years' imprisonment.
- Counsel filed an Anders/no-merit brief and moved to withdraw; this court initially ordered rebriefing to address adverse rulings and then considered the supplemented no-merit brief together with Brewer’s pro se points.
- On appeal the court reviewed four principal issues: (1) preservation/sufficiency via directed-verdict motion, (2) speedy-trial computation, (3) admissibility of witness testimony at sentencing, and (4) denial of a requested lesser-included-offense instruction (first-degree false imprisonment).
- The Court of Appeals affirmed the convictions and granted counsel’s motion to withdraw, concluding any appeal on the identified points would be wholly frivolous.
Issues
| Issue | Brewer's Argument | State's Argument | Held |
|---|---|---|---|
| Preservation / Sufficiency of the evidence (directed verdict) | Moved for directed verdict at close of State's case and after defense rested; argues insufficiency and that false imprisonment fits better than kidnapping | Trial court properly denied the motion; evidence supported charges | Motion was too general to preserve a sufficiency challenge under Ark. R. Crim. P. 33.1; challenge not preserved and appeal would be frivolous |
| Speedy-trial computation | Counts non-excluded periods to show >365 days elapsed before trial (claims 465 days not excluded) and seeks dismissal | State computes exclusions (continuances, mental evaluation, substitutions, defendant-initiated delays) leaving well under one year not excluded | Court agreed with State’s exclusions and held no speedy-trial violation; appeal frivolous |
| Sentencing testimony (relevancy of Clarence Capps) | Objected that Capps had pending charges and testimony was irrelevant / conflicted | State argued Capps’s testimony was relevant character evidence showing subsequent violent conduct | Testimony admissible at sentencing as evidence of character/unadjudicated misconduct; conflict argument not preserved; appeal frivolous |
| Jury instruction (lesser-included offense) | Requested instruction on first-degree false imprisonment as lesser-included offense of kidnapping | State opposed; case law holds false imprisonment is not a lesser-included offense of kidnapping | Court properly denied instruction; first-degree false imprisonment is not a lesser-included offense to kidnapping; appeal frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural standard for counsel to seek withdrawal when appeal is without merit)
- Brown v. State, 378 S.W.3d 66 (Ark. 2010) (uncharged prior or subsequent criminal conduct may be admissible at penalty phase as character evidence)
- Davis v. State, 232 S.W.3d 476 (Ark. 2006) (first-degree false imprisonment is not a lesser-included offense of kidnapping)