Huff v. State, 2012 Ark. 388

Huff was convicted by a Pulaski County jury of aggravated residential burglary, aggravated robbery, kidnapping, terroristic threatening in the first degree, and battery in the second degree, with consecutive life and prison terms.
The trial court denied Huff's motions for a directed verdict to reduce kidnapping from a Class Y to a Class B felony and admitted prior-unc challenged conduct testimony during sentencing.
Huff argued the kidnapping count should be reduced to Class B because he released Millwee alive and in a safe place prior to trial, per Ark. Code Ann. § 5-11-102(b).
DNA and physical evidence linked Huff to Millwee’s assault, including Millwee’s fingernail DNA and Huff’s shoes; Millwee identified Huff and police recovered gloves, zip ties, a gag, a box cutter, and other items at Huff’s home.
The sentencing phase included testimony about Huff’s prior uncharged conduct in nearby neighborhoods; the court held this admissible as relevant to character and aggravating circumstances.
On appeal, the court affirmed both the denial of the directed verdict and the admission of similar-conduct evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the kidnapping conviction could be reduced to a Class B felony as a matter of law.	Huff: voluntarily released in a safe place; pretrial release supports reduction.	Huff: release to a safe place occurred when handcuffs were removed and he tried to drive away.	No reversal; evidence supported no voluntary safe release.
Whether admitting similar-conduct testimony during sentencing was proper.	Huff: testimony irrelevant and prejudicial.	State: evidence relevant to Huff’s character and aggravating circumstances.	Affirmed admission as proper under sentencing rules.

Wells v. State, 303 Ark. 471, 798 S.W.2d 61 (1990) (kidnapping release and safe-place concepts apply to voluntary release)
Woods v. State, 302 Ark. 512, 790 S.W.2d 892 (1990) (release due to defendant’s attempt to escape apprehension)
Ratliff v. State, 359 Ark. 479, 199 S.W.3d 79 (2004) (factors for determining a safe place include victim familiarity doesn't alone make it safe)
Whitt v. State, 281 Ark. 466, 664 S.W.2d 876 (1984) (safe place not established merely by familiarity)
Crawford v. State, 362 Ark. 301, 208 S.W.3d 146 (2005) (Guilt-phase vs. sentencing-phase admissibility of relevant aggravating/uncertain evidence)
Brown v. State, 2010 Ark. 420, 378 S.W.3d 66 (2010) (uncharged-conduct evidence admissible to show defendant’s character at sentencing)
Hill v. State, 318 Ark. 408, 887 S.W.2d 275 (1994) (trial court’s discretion in admitting evidence during sentencing)
Williams v. State, 363 Ark. 395, 214 S.W.3d 829 (2005) (sufficiency review precedes other trial-error review)