2024 Ark. App. 198
Ark. Ct. App.2024Background
- Robert Lee Battles, Jr. was convicted in Pulaski County Circuit Court for possession of firearms by certain persons, classified as a Class B felony due to a prior violent felony conviction.
- The State introduced evidence of a 2009 aggravated assault conviction, to which Battles’ counsel did not object.
- Battles was also sentenced as a habitual offender, following introduction of prior convictions during the sentencing phase.
- Battles did not raise any objections during trial regarding the evidence or jury instructions concerning the prior violent felony conviction.
- On appeal, Battles challenged the lack of a specific finding on the record that his prior conviction was for a violent felony, and identified a clerical error in his sentencing order.
Issues
| Issue | Battles' Argument | State's Argument | Held |
|---|---|---|---|
| Failure to specifically find prior violent felony for enhancement | Court erred in not making/stating a specific finding on prior violent felony | Issue was not preserved – no trial objection was made | Not addressed; argument not preserved |
| Clerical error in sentencing order (habitual offender) | Sentencing order does not reflect habitual offender status as found by jury | Correction is appropriate; courts can fix clerical errors | Remanded to correct sentencing order |
Key Cases Cited
- Bridges v. State, 327 Ark. 392 (Ark. 1997) (Error preservation for jury instructions requires timely objection)
- Cornett v. State, 2012 Ark. App. 106 (Ark. Ct. App. 2012) (Failure to timely object to instructions constitutes waiver)
- Carter v. State, 2019 Ark. App. 57 (Ark. Ct. App. 2019) (Clerical errors in sentencing orders may be corrected to reflect the truth)