Hembey v. State, 2016 Ark. App. 482

On Sept. 13, 2014, law enforcement responded to Dustin Hembey’s home for a medical call for his grandmother; deputies observed Hembey acting unusually.
Deputy Furr secured the scene, obtained Hembey’s consent to a search after Detective Kinsler arrived and advised Miranda rights.
A .22-caliber rifle, two BB guns, and .22 ammunition were found in a back bedroom; Hembey admitted the bedroom was his and that the rifle was his but claimed lawful possession.
Hembey was charged as a felon in possession of a firearm; the State proved his prior felony conviction.
The jury convicted Hembey; he was sentenced as a habitual offender to 30 years’ imprisonment.
On appeal Hembey argued insufficient evidence of possession and knowledge of the firearm; the State relied on the admitted ownership and location of the gun.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove possession of a firearm	State: evidence (admission of ownership + gun and ammo found in Hembey’s bedroom) is sufficient	Hembey: no proof he knew gun was present or that rifle was a firearm (could be BB gun); no direct evidence he handled it; others had access	Court: affirmed — viewing evidence in State’s favor, Hembey’s admission of ownership and the gun/ammo in his bedroom constituted sufficient evidence of possession
Preservation of knowledge-of-firearm claim	State: N/A (trial court properly considered evidence)	Hembey: trial court erred because he did not specifically preserve argument re: knowledge and that evidence showing the rifle could be a BB gun was not raised at directed-verdict motion	Court: Hembey failed to preserve the specific challenge to knowledge; appellate court will not decide the issue raised for first time on appeal

No key authorities with official reporter citations appear in the opinion text for inclusion.