Whitfield v. State, 2014 Ark. App. 380

Whitfield was charged with residential burglary, aggravated assault on a family member, aggravated assault, and second-degree assault on a family member; after bench trial he was convicted only of residential burglary and aggravated assault, and was habitual-offender sentenced to concurrent terms.
Whitfield appealed only the sufficiency of the evidence for the residential-burglary conviction.
Jonathan Adams testified that Whitfield chased LaToya with a large knife into Wanda’s apartment and fought there.
Wanda Palton testified LaToya and Whitfield entered her apartment without permission and Whitfield swung at LaToya.
Officer Terry Collins testified LaToya reported being chased with a knife and punched; LaToya had no visible injuries.
The trial court denied motions to dismiss; on appeal the court considers substantial evidence standard and whether entry with unlawful purpose supports burglary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there sufficient evidence of residential burglary?	State: entry with purpose to commit an offense can be proven circumstantially.	Whitfield: acquittal on second-degree assault negates intent for burglary.	Yes; substantial evidence supports burglary.
Does acquittal on second-degree assault bar burglary conviction?	State: burglary can be complete even without consummation of the intended offense.	Whitfield: acquittal means no intent to commit second-degree assault in residence.	Acquittal does not preclude burglary conviction; evidence supports entry with intent.
Are there sentencing clerical errors requiring remand?	N/A	N/A	Remand to correct sentencing order; affirm conviction.

Washington v. State, 268 Ark. 1117 (Ark. App. 1980) (burglary can be complete without the offense being consummated; purpose may be inferred)
Cora v. State, 2009 Ark. App. 431 (Ark. App. 2009) (sufficiency of the evidence standard for bench trials)