Gill v. State
2017 Ark. App. 22
| Ark. Ct. App. | 2017Background
- Bobby Joe Gill was stopped at 3:30 a.m. for a broken taillight; officer found he was driving on a suspended license and arrested him.
- Officer searched Gill (with consent) and found an automatic knife and a gun holster on his person; a loaded pistol was later observed on the truck floorboard within the driver’s reach.
- A leather handbag on the front seat contained a gun box holding a glass smoking device with purple liquid and a white crystalline substance; lab tests confirmed both substances were methamphetamine.
- The pistol was reported stolen and matched the holster found on Gill; the State introduced prior felony convictions to support the felon-in-possession charge.
- Gill was convicted after a bench trial of: possession of methamphetamine, possession of drug paraphernalia, felon in possession of a firearm, and simultaneous possession of drugs and a firearm; sentenced to 20 years.
- Counsel filed a no-merit (Anders) brief and moved to be relieved; Gill received notice but filed no pro se points. The court reviewed the record and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession of firearm, meth, and paraphernalia | State: items were within Gill’s immediate and exclusive control (inside truck, within reach, in front-seat handbag) supporting constructive possession | Gill: insufficiency — challenged that he possessed the contraband | Court: Evidence (plain view gun, handbag with meth) viewed in State’s favor constitutes substantial evidence of constructive possession; convictions affirmed |
| Felon-in-possession (and simultaneous possession) | State: prior felonies plus possession of firearm and drugs in vehicle support the felon-in-possession and simultaneous-possession convictions | Gill: insufficient proof he possessed the firearm given facts | Court: Evidence that the firearm was within reach, fit holster on Gill, and was found with drugs supports felon-in-possession and simultaneous-possession convictions |
| Anders procedure / counsel withdrawal | Counsel: filed a no-merit brief claiming appeal is frivolous and moved to withdraw; noted clerk required motion though argued Rule 4-3(k)(1) doesn’t explicitly demand it | State: (implicit) compliance with procedural requirements; Gill received notice and had chance to file pro se points | Court: Found compliance with Rule 4-3(k)(1), granted counsel’s motion to be relieved and affirmed judgment |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel filing a no-merit brief and seeking to withdraw)
- Blue v. State, 287 Ark. 345 (Ark. 1985) (Arkansas requires motion for permission to withdraw when filing a no-merit brief)
- Conley v. State, 433 S.W.3d 234 (Ark. 2014) (constructive possession may be found when contraband is in a place immediately and exclusively accessible to defendant)
- Thornton v. State, 433 S.W.3d 216 (Ark. 2014) (reviewing sufficiency of evidence in light most favorable to the State)
- Stone v. State, 473 S.W.3d 29 (Ark. App. 2015) (substantial-evidence standard for sufficiency review)