Humphrey v. State
2015 Ark. App. 179
| Ark. Ct. App. | 2015Background
- Humphrey pleaded guilty to residential burglary in two Mississippi County cases and received SIS (suspended imposition of sentence) plus jail or SIS terms in 2013.
- The State moved to revoke both SIS terms based on alleged new crimes on December 23 and December 25, 2013 (burglary/theft and burglary/theft/possession of a firearm).
- At the May 7, 2014 revocation hearing, witnesses identified Humphrey (Fowlers identified him as the December 25 intruder; Blount linked a stolen truck and recovered shotgun to items found near Humphrey’s home and a photo from a recovered camera).
- Physical items included a memory card photograph showing a man in a living-room matching Humphrey, a key ring with an “R” found in the recovered truck, and Blount’s shotgun found behind Humphrey’s residence.
- The trial court revoked both SIS terms and sentenced Humphrey to eight and ten years in ADC to be served consecutively.
- Counsel filed an Anders-style no-merit brief seeking permission to withdraw; Humphrey filed pro se points; the Court of Appeals reviewed the record and affirmed the revocations and granted counsel’s motion to withdraw.
Issues
| Issue | Humphrey's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of lay opinion that the photo resembled Humphrey | Trial court should not allow witness to opine that photo resembled Humphrey (objected under Ar. R. Evid. 701, 704) | Rules of evidence not applicable in revocation; even if they were, lay opinion admissible and not prejudicial | Overruled objection; admission proper — no reversible error |
| Sufficiency of evidence to revoke SIS (Dec. 23 incident) | Denied involvement; challenged witness credibility and chain of proof (claimed evidence was circumstantial, shotgun planted, no fingerprints) | Photo in stolen truck resembling Humphrey, key ring with “R,” and recovered shotgun tied to location support finding of violation | Revocation affirmed — findings not clearly against preponderance of evidence |
| Sufficiency of evidence to revoke SIS (Dec. 25 incident) | Alibi and witnesses inconsistent; denied being the intruder | Fowlers positively identified Humphrey as intruder; trial court credited them | Revocation affirmed — court gave weight to trial judge on credibility |
| Adequacy of Anders/Rule 4-3(k) compliance by counsel | Counsel allegedly biased/decided outcome beforehand (pro se claim) | Counsel provided no-merit brief identifying adverse rulings and explaining lack of appealable issues; record reviewed by court | Court finds counsel complied and grants motion to withdraw; appeal is frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires court review when counsel seeks to withdraw on no-merit grounds)
- Eads v. State, 74 Ark. App. 363 (2001) (Anders procedure applied in Arkansas appellate practice)
- Nooner v. State, 322 Ark. 87 (1996) (trial court’s admission of evidence reviewed for abuse of discretion)
- Vail v. State, 438 S.W.3d 286 (Ark. App. 2014) (standard for revocation: preponderance of evidence and deference to trial court credibility findings)
- Sherril v. State, 439 S.W.3d 76 (Ark. App. 2014) (credibility determinations and factual issues left to trial court)