Vega v. State, 2017 Ark. App. 259

Hector Torres Vega, a member of the Wicked Brown Suspects (WBS), was involved in an altercation with rival gang members at a Springdale convenience store on June 25, 2015; surveillance captured the store events and exterior actions.
Shortly after the fight, a 15-year-old bicyclist, Joseph Garcia, was shot several blocks from the store and suffered serious leg and hand wounds.
Garcia told officers at the scene the shooter wore a gray shirt and blue shorts and that the shooter left in a silver car; he later identified Vega from a photo lineup (initially 75% sure, later testified 90% sure).
Witnesses heard two shots and saw a silver/gray car leave; descriptions of the shooter and vehicle varied among witnesses and in Garcia’s statements.
Police located a silver car at co-defendant Jose Yanez’s house and arrested Vega; Vega admitted the store altercation but denied the shooting.
Vega was tried and convicted of attempted second-degree murder, being a felon in possession of a firearm, and a firearm enhancement; he appealed only the sufficiency of the identification evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of identification evidence	State: Garcia’s positive in-court ID and circumstantial evidence suffice.	Vega: Garcia’s ID was equivocal and inconsistent; unreliable.	Affirmed: jury credibility determination upheld; evidence sufficient.

Stewart v. State, 88 Ark. App. 110, 195 S.W.3d 385 (2004) (identification is an element of every criminal case)
Taylor v. State, 2011 Ark. 10, 370 S.W.3d 503 (2011) (review sufficiency of evidence in light most favorable to the State)
Mason v. State, 2013 Ark. 492, 430 S.W.3d 759 (2013) (credibility of witness identification is for the fact-finder)
State v. Long, 311 Ark. 248, 844 S.W.2d 302 (1992) (trial court should not resolve credibility in sufficiency review)
Davenport v. State, 373 Ark. 71, 281 S.W.3d 268 (2008) (inconsistencies in ID testimony are for the jury to resolve)