Rose v. State
2015 Ark. App. 563
| Ark. Ct. App. | 2015Background
- Lori Rose and Billy Vaught were in a two-year romantic relationship that ended the week before the incidents in November 2013.
- On Nov. 22–23, 2013, Rose went to Vaught’s home around midnight; he was asleep. She grabbed a rifle (previously loaned to her), entered his bedroom, pointed it at him, and told him to "prepare to die."
- Vaught kicked the rifle as it was cocked; it discharged and shot him in the right leg, causing serious injury requiring surgery. They struggled over the gun; Vaught called for help and told Rose to leave.
- Rose gave two statements to police: initially denying being at his home or shooting him; later admitting she went to take Vaught’s child home, had been drinking, grabbed the rifle to intimidate him, and said the gun was pointed at the ground until it discharged during a struggle.
- Rose was convicted by a jury of aggravated residential burglary, second-degree domestic battery, aggravated assault, and terroristic threatening; sentenced to a total of 36 years (including firearm enhancements).
- On appeal Rose challenged only the sufficiency of the evidence for aggravated residential burglary, arguing she had a license/privilege to enter Vaught’s home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to support aggravated residential burglary (i.e., that Rose entered or remained unlawfully) | Rose: She had a privilege/license to enter Vaught’s home as his ex-girlfriend and had not been expressly excluded | State: Any privilege ended with the breakup and/or was revoked when Rose pointed a rifle and shot Vaught; jury could disbelieve Rose’s self-serving testimony about an invitation | Affirmed — substantial evidence supports that Rose unlawfully entered or remained (privilege effectively revoked; conduct supported burglary elements). |
Key Cases Cited
- Young v. State, 371 Ark. 393 (discussing credibility and jury’s role in weighing testimony)
- Davis v. State, 325 Ark. 96 (license to enter can be revoked by conduct causing injury)
- Holt v. State, 2011 Ark. 397 (entry privilege may not cover late-night entry while victim asleep; privilege revoked by violent conduct)