Robinson v. State
2017 Ark. App. 689
| Ark. Ct. App. | 2017Background
- On April 16, 2015, Officer Richard Shumate stopped Gary Robinson, Jr. for traffic violations; Robinson was the driver and sole occupant and had a suspended license.
- During a search incident to arrest, officers found a pouch sewn into Robinson’s underwear containing methamphetamine and, in the vehicle between the center console and driver’s seat, a semiautomatic pistol.
- The car’s registered owner was Felicia Jackson; Robinson denied knowledge of the firearm and claimed it was not his vehicle.
- State charged Robinson with simultaneous possession of drugs and a firearm (Class Y), possession with intent to deliver methamphetamine (Class B), and, after Robinson missed a scheduled trial appearance, failure to appear (Class C).
- A jury convicted Robinson on all counts; he received concurrent sentences (80 years for simultaneous possession; 40 years for delivery; 7 years for failure to appear). Robinson appealed, challenging sufficiency of the evidence for the simultaneous-possession and failure-to-appear convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for simultaneous possession of firearm and drugs | State: constructive possession established because contraband was found in place immediately and exclusively accessible to driver; Robinson was sole occupant and driver. | Robinson: gun belonged to car’s owner; gun not in plain sight unless looking down; no direct evidence he knew or controlled the firearm. | Affirmed — substantial evidence supported constructive possession given location of gun and Robinson’s exclusive control of vehicle. |
| Sufficiency of evidence for failure to appear (reasonable excuse) | State: Robinson missed the trial; no preserved challenge at trial to excuse. | Robinson: claimed reasonable excuse for tardiness (argued on appeal). | Affirmed — appellate court declined to consider the new sufficiency argument because it was not raised in the trial court; issue unpreserved. |
Key Cases Cited
- Brooks v. State, 498 S.W.3d 292 (Ark. 2016) (standard for reviewing directed-verdict/sufficiency challenges)
- Sylvester v. State, 489 S.W.3d 146 (Ark. 2016) (definition of substantial evidence)
- Gill v. State, 511 S.W.3d 865 (Ark. App. 2017) (constructive possession suffices without physical holding)
- Lambert v. State, 509 S.W.3d 637 (Ark. 2017) (possession may be imputed when contraband is in place immediately and exclusively accessible to accused)
- White v. State, 446 S.W.3d 193 (Ark. App. 2014) (circumstantial evidence must exclude every other reasonable hypothesis when sole basis for conviction)
- Thomas v. State, 441 S.W.3d 918 (Ark. App. 2014) (credibility and conflicting testimony are jury questions)
- Cosey v. State, 439 S.W.3d 731 (Ark. App. 2014) (evidence excluding other hypotheses is for factfinder)
- Jefferson v. State, 532 S.W.3d 75 (Ark. App. 2017) (jury may draw reasonable inferences)
- King v. State, 266 S.W.3d 205 (Ark. App. 2007) (treatment of circumstantial evidence in sufficiency review)
- U.S. v. Roberts, 953 F.2d 351 (8th Cir. 1992) (constructive possession defined as knowledge plus control)