444 S.W.3d 408
Ark. Ct. App.2014Background
- Gould was charged with first-degree murder and aggravated robbery in Pope County Circuit Court; the jury acquitted murder but convicted aggravated robbery, with a 40-year sentence plus 15 years for firearm use, consecutive.
- Gould and Leondre Gould planned to steal marijuana from Randall Boykin; Gould’s girlfriend Ashley Ojeda assisted to create access.
- Gould and Leondre wore masks; Gould held a .40-caliber pistol; Boykin warned and a shootout occurred, resulting in Boykin’s death.
- Gould admitted entering Boykin’s home after the shooting and taking approximately 6.25 pounds of marijuana valued at about $4,800.
- Gould challenged the sufficiency of the evidence for aggravated robbery, exclusion of an expert witness, and requested jury instructions on possession of controlled substances and self-defense.
- The Arkansas Court of Appeals affirmed, holding marijuana is property subject to theft for purposes of aggravated robbery, and the trial court did not abuse its discretion on expert testimony or jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the aggravated-robbery evidence | Gould: marijuana cannot be property for theft | State: marijuana constitutes property of another | Sufficient evidence supported aggravated robbery |
| Exclusion of expert testimony | Gould: Irwin would opine Boykin’s possession wasn’t protected | Court properly excluded this expert | No abuse of discretion; exclusion affirmed |
| Jury instruction on possession of a controlled substance | Requested non-AMCI instruction on possession | Instruction not properly supported; AMCI guidance | No error; instruction refused affirmed |
| Jury instruction on self-defense (AMI Crim. 2d 705) | Proffered instruction misstated law | Instruction incorrect but law correctly stated overall | Correct result reached; instruction properly refused |
Key Cases Cited
- Sweet v. State, 370 S.W.3d 510 (Ark. 2011) (sufficiency review standard; substantial evidence required)
- Daniels v. State, 285 S.W.3d 205 (Ark. 2008) (legislative action; discussion of property/ownership of contraband)
- Heard v. State, 354 S.W.3d 49 (Ark. 2009) (forcible taking not dispositive on property ownership issue)
- Gordon v. State, 2012 Ark. 398 (Ark. 2012) (abuse-of-discretion standard for expert testimony)
- Jones v. State, 984 S.W.2d 432 (Ark. 1999) (standard for giving jury instructions; required correct statement of law)
- Ghoston v. State, 141 S.W.3d 907 (Ark. App. 2004) (instruction error analysis; wholly correct instruction required)
- Williams v. State, 36 S.W.3d 324 (Ark. 2001) (affirming ruling when proffered instruction incorrect)