Cartwright v. State
2016 Ark. App. 425
Ark. Ct. App.2016Background
- On Sept. 27, 2014, William James Cartwright entered a True Value store, took a money bag from an office cabinet, and fled the store.
- Employee Kay Hambers testified Cartwright shoved her when she tried to stop him; customer Christopher Johnson testified Cartwright swung at him during a chase.
- Employee Shannon Williams recovered the money bag from Cartwright’s car as Cartwright began to drive away.
- Cartwright admitted attempting to take the bag but denied pushing Hambers or swinging at Johnson.
- A Chicot County jury convicted Cartwright of robbery and fleeing; jury recommended consecutive sentences (15 years robbery; 5 years fleeing) and $5,100 restitution.
- On appeal Cartwright challenged: (1) sufficiency of evidence for robbery; (2) denial of a theft lesser-included instruction; and (3) admission of out-of-state convictions at sentencing.
Issues
| Issue | Cartwright’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for robbery | Evidence failed to show he employed or threatened physical force | Witness testimony showed shove and swing supporting robbery | Affirmed — substantial evidence (shove/swing) supports robbery |
| Lesser-included instruction: theft vs. robbery | Jury should have been instructed on theft as lesser-included offense | Theft is not a lesser-included offense of robbery under Ark. law | Affirmed — theft is not a lesser-included offense of robbery |
| Admission of prior out-of-state convictions at sentencing | Admission was erroneous because no proof he had counsel in those cases | Evidence was admitted but sentencing stayed within statutory maxima | Affirmed — any error not prejudicial because sentences were below maximums |
| (Collateral) Conviction for fleeing | Not appealed | State relied on evidence of flight | Not challenged on appeal; conviction stands |
Key Cases Cited
- McElyea v. State, 360 Ark. 229 (2005) (robbery can be committed to resist apprehension by employing or threatening physical force)
- Jarrett v. State, 265 Ark. 662 (1979) (physical force/threat in resisting apprehension supports robbery conviction)
- Becker v. State, 298 Ark. 438 (1989) (shoplifter who shoves to escape has committed robbery)
- Williams v. State, 11 Ark. App. 11 (1984) (pushing/forcing entry in theft context supports robbery)
- White v. State, 271 Ark. 692 (1981) (use of force to escape can constitute robbery)
- Thompson v. State, 284 Ark. 403 (1985) (theft and robbery are offenses of different nature; theft not lesser-included of robbery under prior common-law test)
- Hill v. State, 276 Ark. 300 (1982) (theft not lesser-included offense of aggravated robbery)
- McCoy v. State, 347 Ark. 913 (2002) (statutory test for lesser-included offenses replaced common-law test)
- Brown v. State, 347 Ark. 44 (2001) (theft not a lesser-included offense of aggravated robbery)
- Robinson v. State, 303 Ark. 351 (1990) (robbery can be committed without actual taking; threat/use of force suffices)